/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/231031.mbx C L A S S A C T I O N R E P O R T E R Tuesday, October 31, 2023, Vol. 25, No. 218 Headlines 23ANDME INC: Faces Suit Over Data Breach of Private Information 23ANDME INC: Lamons Sues Over Data Breach of Private Information 23ANDME INC: Navarro Sues Over Failure to Safeguard PII & PHI 23ANDME INC: Santana and Kleynburd Sue Over Alleged Data Breach ACADIA HEALTH: Rhodes Files Suit in M.D. Louisiana ADAPTHEALTH CORP: Ray May File Second Amended Class Complaint ADVANCE AUTO PARTS: Suarez Sues Over Inflated Stock Price ADVISORS IGNITE: Seeks More Time to File Class Cert Bid Response ADW CONSULTING: Fails to Pay Proper Wages to Servers, Campbell Says AMAZON.COM INC: Stipulation to Continue Deadlines Partly OK'd AMENTUM GOVERNMENT: Middleton Sues Over Fiduciary Breach AMERICAN RAG CIE: Bunting Files ADA Suit in E.D. New York APIPILHUASCO CONSTRUCTION: Fails to Pay Overtime Wages to Laborers APPLE INC: Faces Class Suit Over AirTag Privacy, Stalking Concerns ARCTIC COOL: Castro Files ADA Suit in S.D. New York ART TO FRAMES: Web Site Not Accessible to Blind, Erkan Suit Says ATRIA SENIOR: Agrees to Settle Wage and Hour Class Suit for $1.3M AVANTGARDE SENIOR: Pineda Sues Over Unlawful Labor Practices BAM TRADING: Wilhelm Suit Removed to N.D. Illinois BANGO BOWLS: Martinez Files ADA Suit in E.D. New York BARKER WELLNESS: Bunting Files ADA Suit in E.D. New York BASCOM'S STEAKHOUSE: Fails to Pay Proper Wages, Seghrouchni Says BASSETT PICKLE: Clement Files ADA Suit in E.D. New York BETH WARREN NUTRITION: Erkan Files ADA Suit in E.D. New York BHFO INC: Castro Files ADA Suit in S.D. New York BIBBER AND BELL: Martinez Files ADA Suit in E.D. New York BIRD GLOBAL: Faces Arias Securities Suit in California Court BIRD GLOBAL: Faces Cain Securities Suit in California Court BLUETRITON BRANDS: Williams Suit Removed to C.D. California BMO HARRIS BANK: Pescheck Sues Over Wrongful Termination BRIAN KEMP: Crowder Files Suit in N.D. Georgia BROCK GROUP: Class Cert. Discovery Must Be Completed by Dec. 20 BROSNAN RISK: Walker Suit Seeks Conditional Collective Status BUILDERS MUTUAL: Kocher Sues Over Failure to Protect Sensitive Data BUMBLE INC: Faces Data Privacy Suit in Illinois Court BUMBLE INC: Settlement in UA Pension Fund Suit Gets Final OK CANDY DYNAMICS: Cauchi Sues Over Hazardous Liquid Candies CANOPY GROWTH: Faces Dziedziejko Shareholder Suit Over SEC Filing CANOPY GROWTH: Faces Twidale Shareholder Suit Over SEC Filing CANOPY GROWTH: Kantner Shareholder Suit Transferred to S.D. N.Y. CAPSTONE GREEN: Faces Spitzer Suit Over 17% Stock Price Drop CECI NEW YORK: Tarr Files ADA Suit in S.D. New York CENTURY CARRIERS: Henriquez Sues Over Untimely Payment of Wages CERINI COFFEE: Erkan Files ADA Suit in E.D. New York CHARLESTON ADVANCEMENT: Gregory et al. Sue Over Breach of Contract CHEMOCENTRYX INC: Feb. 15, 2024 Class Cert Hearing Sought in Homyk CITADEL SERVICING: Filing for Class Cert Bid Due Dec. 28 COUNTRY BROOK DESIGN: Castro Files ADA Suit in S.D. New York COUPANG INC: Securities Suit Ongoing in NY Court COVENANT TRANSPORTATION: Silva Files Suit in Mass. Super. Ct. CRAIG REAGIN CLOTHIERS: Jones Files ADA Suit in S.D. New York DALMATA LLC: Luis Files ADA Suit in S.D. New York DATACOMP APPRAISAL: Harris et al. Sue Over Antitrust Law Violations DENTON COUNTY, TX: Amended Proposed Sched Order Extended to Nov. 13 DERRICK TODD: Larsen Sues Over Alleged Sexual Assault to Patients DIGITAL RIVER: Rock Suit Removed to S.D. Florida DOCTORS MEDICAL: Court Refrains from Entering Scheduling Order DOTDASH MEDIA: Potter Sues Over Unlawful Disclosure of Private Info DUTCH BROS: Faces Rein Securities Suit in New York Court DUTCHESS SCHOOL: Fails to Pay Proper Overtime Wages, Kalinski Says EDWARD MCKEY HALLOWELL: Clement Files ADA Suit in E.D. New York EMANUEL MEDICAL: Court Refrains from Entering Scheduling Order ENOVIX CORP: Faces Consolidated Shareholder Suit Over SEC Filing ENOVIX CORP: Faces Prak, Pimentel Labor Suit ENOVIX CORP: Walker Sues Over Labor Code Violations FOR LIFE: Class Cert Filing in Iglesias Extended to Nov. 29 FPI MANAGEMENT: Wallace and Cotwright Sue Over Labor Code Breaches GAMESTOP CORP: Page Sues Over "Free Shipping" Deceptive Ads GENWORTH FINANCIAL: Trauernicht Seeks Rule 23 Class Certification GEO GROUP: Seeks Stay of Detainees' Suit GINKGO BIOWORKS: Wang Securities Suit Over IPO Ongoing GRASS GATOR: Fails to Pay Proper OT Wages, Roberson Suit Says GXO LOGISTICS: Osibodu FLSA Suit Removed to S.D. Indiana HEARTSIDE FOOD: Fails to Pay Proper Wages, Juarez Suit Claims HS ACQUISITION: Hernandez Files ADA Suit in S.D. New York I.K.M.J. JOINT: Strauss Suit Seeks Conditional Certification INTERNATIONAL FLAVORS: Securities Suit Over Merger Dismissed J. DAVID TAX: Iverson Suit Removed to W.D. Wisconsin JACK SCHWARTZ SHOES: Mercedes Files ADA Suit in S.D. New York JUUL LABS: School District Received Settlement Funds in Vaping Suit K-MAC ENTERPRISES: Green Sues Over Unlawful Capture of Biometrics KLN ENTERPRISES: Trammell Sues Over Misbranding & False Advertising KNIGHT-SWIFT TRANSPORTATION: Class Cert Deadline Extension Sought KRAFT HEINZ: Martinez Sues Over Blind-Inaccessible Website KROGER CO: Faces Sorkin Class Suit Over Roundy's Eggs False Ads KROGER CO: Lyons Files FCRA Suit in N.D. Georgia LABORATORY CORP: Court OKs Joint Rule 26(f) Report in McDonald Suit LADY JANE'S: Gavin Sues Over Uncompensated Minimum, Overtime Wages LCS FINANCIAL: Fails to Secure Private Info, Henderson Suit Alleges LI PITA HOUSE: Mamo Sues Over Labor Law Breaches LIFELINE SYSTEMS: Englar Sues Over Lack of Data Security LIFESTANCE HEALTH: Nayani Securities Suit Ongoing in NY Court LIFETIME VALUE CO: Bellanca Files Suit in N.D. Ohio LIFETIME VALUE: Bellanca Files "Placeholder" Class Cert Bid LINDE GAS: Plaintiff Seeks More Time to File Class Cert Bid LITTLE COLLINS: Rojas Sues Over Illegal Tip Pool, Improper Wages LOOP AMERICA: Luis Files ADA Suit in S.D. New York LYFT INC: Settlement in Consolidated Suit Wins Final Nod MCLAREN HEALTH CARE: Lewis Sues Over Data Breach of Private Info MCLAREN HEALTH: Norwood Sues Over Data Breach of Patients' Info MEDNAX SERVICES: Plaintiffs Seek to Certify Class Action MILLENNIA HOUSING: Warren Suit Removed to E.D. Arkansas MOBILE PHLEBOTOMY: Rayford Sues Over Nonpayment of Overtime Wages MOUNTAIN LAUREL: Class Cert Hearing in Costello Set for Nov. 30 NATIONAL WESTERN: Completes Payment of Settlement in Baldwin Suit NED LAMONT: Logan Files Suit in D. New Jersey NICHOLAS K. INCORPORATED: Crosson Files ADA Suit in E.D. New York NIKOLA CORPORATION: Tenneson Sues Over 15.38% Stock Price Drop NISSAN NORTH: Parties Must Continue Discovery Dialogue, Court Says NOHO WELLNESS: Martinez Files ADA Suit in E.D. New York NORMAN & JULES: Martinez Files ADA Suit in E.D. New York OKLAHOMA PETROLEUM: Dinsmore Files Suit in E.D. Oklahoma OMNIBUYS LLC: Prosky Files TCPA Suit in S.D. Florida ORGAIN LLC: Benett Sues Over Mislabeled Protein Shake Products OTTAWA, ON: Opposes Request to Pay $80-M Over Child Welfare OUTDOOR VENTURE: Fails to Timely Pay Wages, Padilla Suit Says PACIFIC DISTRIBUTORS: Luis Files ADA Suit in S.D. New York PACINOS SIGNATURE: Mercedes Files ADA Suit in S.D. New York PARAMOUNT PICTURES: Walter Sues Over Labor Code Violations PARNASSUS BOOKS: Mercedes Files ADA Suit in S.D. New York PEACOCK TV: Discloses Personal Info to FB, Weiss Class Suit Alleges PERFORMANCE SUPPLEMENTS: Castro Files ADA Suit in S.D. New York PFC MANAGEMENT: Macias Sues Over State Labor Law Violations PICCININI BROTHERS: Mizquin Sues Over Unpaid Minimum, Overtime Wage PINNACLE TOO: Charles Seek Final Certification of Collective Class PLAINS GP HOLDINGS: Settles Securities Class Suit for $230MM PROGRESS SOFTWARE: Ortega Suit Transferred to D. Massachusetts PROTERRA INC: Faces Shareholder Suit in N. D. Cal. QUALCOMM INC: Perez-Cruet Sues Over Breach of Fiduciary Duties RADIUS GLOBAL: Smith Sues Over Data Breach RAI MEDIA: Fails to Pay Minimum Wages, Weatherspoon Claims RALEX SERVICES: Go Sues Over Forced Labor and Contract Breach REDWIRE CORP: Lemen Securities Suit Ongoing ROBERT BOUGHNER: Faces MBPFFP Suit in Delaware ROCKET COMPANIES: Class Cert. Opposition Adjourned to Dec. 8 S & A STORES: Fails to Pay Proper Wages, Kumar Suit Alleges SAFEWAY INSURANCE: Fails to Pay Proper Wages, Apieczonek Says SAKE CLUB INC: Clement Files ADA Suit in E.D. New York SAZERAC COMPANY: Puig Sues Over Misleading Product Labels SCOUT & NIMBLE: Slade Files ADA Suit in S.D. New York SECRIST MARKETING: Fails to Pay Proper Wages, Goudelias Suit Says SHARKNINJA OPERATING: Brown Files Suit in D. New Jersey SHIFT4 PAYMENTS: Baer Sues Over Alleged Drop in Share Price SIEMENS MOBILITY: McIntyre Files Suit in Cal. Super. Ct. SLING TV: Discloses Personal Info to FB, Antoine Class Suit Alleges SOBER LIVING: Fails to Pay Overtime Wages, Davenport Suit Claims SOUTHERN ILLINOIS: Patrick Suit Removed to N.D. Illinois SPERO THERAPEUTICS: Marti et al. Sue Over Breach of Fiduciary Duty SUNLIGHT FINANCIAL: Faces McCants Securities Suit Over Omissions SUNLIGHT FINANCIAL: Faces Mumpower Suit in North Carolina TASKUS INC: Court Stays Forsberg Suit After Dismissal Bid TASKUS INC: Lozada Shareholder Suit Over SEC Filings Ongoing TASKUS INC: MCS Suit Stayed After Dismissal Bid TCOM LP: Fails to Pay Overtime Wages, Littares Suit Claims TELOS CORP: Court Dismisses Consolidated Class Action TENNESSEE: Brown Seeks to Certify Class Action TRANSYSTEMS CORP: Heras Sues Over Labor Code Breaches U.S. NURSING: Greene et al. Sue Over Labor Code Violations UBER TECHNOLOGIES: Faces Class Suit Over Sexual Assault UBER TECHNOLOGIES: New Jersey Accident Claims Arbitration Allowed UNICE INC: Filing for Class Cert Bid Extended to Jan. 4, 2024 UNION PACIFIC: Faces Class Action Suit Over Chemical Spill UNITED STATES: Initial Approval of Class Settlement Sought UNITED TIME: Tarr Files ADA Suit in S.D. New York WAL-MART ASSOCIATES: Rivera Suit Removed to C.D. California WEST PHARMACEUTICAL: Sloan Seeks to Recover OT Wages Under FLSA WHITE RIVER: Mercedes Files ADA Suit in S.D. New York WHITE'S BOOTS: Wahab Files ADA Suit in S.D. New York WIDE WORLD OF GOLF: Wahab Files ADA Suit in S.D. New York WORLD TRAVEL: Preston Sues Over Failure to Compensate Overtime YO FRESH INC: Erkan Files ADA Suit in E.D. New York YOUR FAMILY: Fails to Pay OT Wages, Kane Suit Claims [*] Consumer Law Set to Transform Litigation Landscape in Ireland ********* 23ANDME INC: Faces Suit Over Data Breach of Private Information --------------------------------------------------------------- J.S., J.T., and A.L., individually and on behalf of all others similarly situated, Plaintiffs v. 23ANDME, INC., and 23ANDME HOLDING CO., and 23ANDME PHARMACY HOLDINGS, INC., Defendants, Case No. 5:23-cv-05234-NC (N.D. Cal., Oct. 12, 2023) arises from the Defendants' failure to secure and safeguard the personal health information and personally identifiable information of at least million individuals who are customers of Defendants. On or about October 6, 2023, an anonymous, unauthorized third party accessed and downloaded Plaintiffs and the Class Members' PHI and PII. The Defendants disclosed Plaintiffs' and the other Class Members' PHI and PII to unauthorized persons as a direct and/or proximate result of Defendants’ failure to safeguard and protect their PHI and PII. Accordingly, Plaintiffs, individually and on behalf of all citizens who are similarly situated, seeks to redress Defendants' willful and reckless and violations of their privacy rights. 23ANDME, Inc., 23ANDME Holding Co., and 23ANDME Pharmacy Holdings, Inc. are headquartered in San Francisco, CA specializing in personal genomics and biotechnology. [BN] The Plaintiffs are represented by: Sharon J. Zinns, Esq. ZINNS LAW, LLC 4243 Dunwoody Club Drive Suite 104 Atlanta, GA 30350 Telephone: (404) 882-9002 E-mail: sharon@zinnslaw.com - and - Maureen M. Brady, Esq. Lucy McShane, Esq. MCSHANE & BRADY, LLC 1656 Washington Street, Suite 120 Kansas City, MO 64108 Telephone: (816) 888-8010 Facsimile: (816) 332-6295 E-mail: mbrady@mcshanebradylaw.com lmcshane@mcshanebradylaw.com 23ANDME INC: Lamons Sues Over Data Breach of Private Information ---------------------------------------------------------------- KERRY LAMONS, individually and on behalf of all others similarly situated, Plaintiff v. 23ANDME, INC., Defendant, Case No. 5:23-cv-05178 (N.D. Cal., Oct. 10, 2023) alleges claims against the Defendant for negligence, breach of implied of contract, unjust enrichment, and breach of the implied covenant of good faith and fair dealing in connection with the data breach on no later than October 6, 2023 in which unauthorized third-party cybercriminals gained access to the Class members’ and, Plaintiff's personally identifiable information (PII) as hosted with Defendant. Allegedly, the Defendant disregarded the rights of Plaintiff and the Class members by intentionally, willfully, recklessly, or negligently failing to take and implement adequate and reasonable measures to ensure that Plaintiff's and the Class members' PII was safeguarded, failing to take available steps to prevent unauthorized disclosure of data, and failing to follow applicable, required, and appropriate protocols, policies, and procedures regarding the encryption of data, even for internal use. Headquartered in California, 23andMe, Inc. is a biotechnology company focusing on discovery of ancestral genetics. [BN] The Plaintiff is represented by: George V. Granade, Esq. REESE LLP 8484 Wilshire Boulevard, Suite 515 Los Angeles, CA 90211 Telephone: (310) 393-0070 E-mail: ggranade@reesellp.com - and - Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Telephone: (212) 643-0500 E-mail: mreese@reesellp.com - and - Charles D. Moore, Esq. REESE LLP 100 South 5th Street, Suite 1900 Minneapolis, MN 55402 Telephone: (212) 643-0500 E-mail: cmoore@reesellp.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, Puerto Rico 00907 Telephone: (215) 789-4462 E-mail: klaukaitis@laukaitislaw.com 23ANDME INC: Navarro Sues Over Failure to Safeguard PII & PHI ------------------------------------------------------------- Katianne Navarro and Michael Blackwell, individually, and on behalf of all others similarly situated v. 23ANDME, INC., Case No. 4:23-cv-05281-DMR (N.D. Cal., Oct. 16, 2023), is brought against the Defendant for its failure to properly secure and safeguard the Plaintiffs' and Class Members' protected health information and personally identifiable information stored within Defendant's information network, including without limitation, full names, sexes, dates of birth, genetic ancestry results, profile photos and geographical locations (these types of information, inter alia, being thereafter referred to, collectively, as "protected health information" or "PHI" and "personally identifiable information" or "PII"). The Plaintiffs seek to hold Defendant responsible for the harms it caused and will continue to cause the Plaintiffs and potentially millions of other similarly situated persons in the massive and preventable cyberattack purportedly discovered by Defendant on or around October 2023, by which cybercriminals infiltrated Defendant's inadequately protected network servers and accessed highly sensitive PHI/PII which was being kept unprotected (the "Data Breach"). The Plaintiffs further seek to hold Defendant responsible for not ensuring that the PHI/PII was maintained in a manner consistent with industry, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). While Defendant claims to have discovered the breach as early as early October, 2023, Defendant did not begin informing victims of the Data Breach until October 11, 2023 and failed to inform victims when or for how long the Data Breach occurred--or even what information was accessed in the Data Breach. Indeed, the Plaintiffs and Class Members were wholly unaware of the Data Breach until they received emails from Defendant informing them of it. The initial Notice received by the Plaintiffs was dated October 11, 2023. The Defendant acquired, collected and stored the Plaintiffs' and Class Members' PHI/PII. Therefore, at all relevant times, Defendant knew or should have known that the Plaintiffs and Class Members would use Defendant's services to store and/or share sensitive data, including highly confidential PHI/PII. By obtaining, collecting, using and deriving a benefit from the Plaintiffs' and Class Members' PHI/PII, Defendant assumed legal and equitable duties to those individuals. These duties arise from HIPAA and other state and federal statutes and regulations as well as common law principles. the Plaintiffs do not bring claims in this action for direct violations of HIPAA, but charge Defendant with various legal violations merely predicated upon the duties set forth in HIPAA. The Defendant disregarded the rights of the Plaintiffs and Class Members by intentionally, willfully, recklessly and/or negligently failing to take and implement adequate and reasonable measures to ensure that the Plaintiffs' and Class Members' PHI/PII was safeguarded, failing to take available steps to prevent an unauthorized disclosure of data, and failing to follow applicable, required and appropriate protocols, policies and procedures regarding the encryption of data, even for internal use. As a result, the Plaintiffs' and Class Members' PHI/PII was compromised through disclosure to an unknown and unauthorized third party—an undoubtedly nefarious third party seeking to profit off this disclosure by defrauding the Plaintiffs and Class Members in the future, says the complaint. The Plaintiffs are victim of the Data Breach. The Defendant is a biometrics company which advertises itself as a "safe place to explore and understand your genes."[BN] The Plaintiffs are represented by: Scott Edward Cole, Esq. Laura Grace Van Note, Esq. COLE & VAN NOTE 555 12th Street, Suite 1725, Suite 1725 Oakland, CA 94607 Phone: (510) 891-9800 Email: sec@colevannote.com lvn@colevannote.com Web: www.colevannote.com 23ANDME INC: Santana and Kleynburd Sue Over Alleged Data Breach --------------------------------------------------------------- MONICA SANTANA and PAULA KLEYNBURD, on behalf of themselves and all others similarly situated, Plaintiffs v. 23ANDME, INC., Defendant, Case No. 3:23-cv-05147 (N.D. Cal., Oct. 9, 2023) alleges claims against the Defendant for negligence, breach of implied contract, invasion of privacy, and unjust enrichment. The Plaintiffs bring this class action on behalf of themselves and all other similarly situated victims as a result of a recent cyberattack and data breach involving the customers' personally identifiable information on or about October 6, 2023. In addition, Plaintiffs allege that the notice is deficient for several reasons: (1) 23andME fails to state if they were able to contain or end the cybersecurity threat, leaving victims to fear whether the PII that 23andMe continues to maintain is secure; and (2) 23andMe fails to state how the breach itself occurred. The 23andMe, Inc. provides biotechnology company that looks at specific locations in an individual's genome that are known to differ between people for the purpose of creating personalized genetic reports on everything from ancestry composition to traits to genetic health risks. [BN] The Plaintiffs are represented by: Scott Edelsberg, Esq. EDELSBERG LAW, P.A. 1925 Century Park E #1700 Los Angeles, CA 90067 Telephone: (305) 975-3320 E-mail: scott@edelsberglaw.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Telephone: (305_ 479-2299 E-mail: ashamis@shamisgentile.com ACADIA HEALTH: Rhodes Files Suit in M.D. Louisiana -------------------------------------------------- A class action lawsuit has been filed against Acadia Health, LLC. The case is styled as Steven Rhodes, on behalf of himself and his minor children and all others similarly situated v. Acadia Health, LLC doing business as: Just Kids Dental, Case No. 3:23-cv-01498-JWD-EWD (M.D. La., Oct. 16, 2023). The nature of suit is stated as Other Contract for Contract Default. Acadia Health, LLC doing business as Just Kids Dental -- https://justkidsdental.com/ -- is the preferred destination for patients and parents in Dallas seeking pediatric dentistry treatment.[BN] The Plaintiff is represented by: Matthew Palmer Lambert, Esq. PENDLEY, BAUDIN & COFFIN 1100 Poydras Street, Suite 2225 New Orleans, LA 70163 Phone: (504) 355-0086 Fax: (504) 355-0089 Email: PLambert@pbclawfirm.com ADAPTHEALTH CORP: Ray May File Second Amended Class Complaint ------------------------------------------------------------- In the class action lawsuit captioned as JERRY W. RAY, v. ADAPTHEALTH CORP., FAMILY MEDICAL SUPPLY, LLC, and SIMM ASSOCIATES, INC., Case No. 1:22-cv-00898-TDS-JLW (M.D.N.C.), the Hon. Judge Thomas D. Schroeder entered an order granting Ray's motion to file the proposed second amended complaint. Ray shall file the proposed second amended complaint as a separate pleading within five days, the Court says. Ray brought this action originally alleging that he received bills and debt collection notices for AdaptHealth equipment that he had already paid for in full and returned. Ray seeks to define the class as follows: "All (1) consumers who purchased, leased, or rented medical equipment, supplies, and/or other products from AdaptHealth or any of AdaptHealth's "family of companies;" (2) who were sent one or more debt collection bills or notices from AdaptHealth and/or an AdaptHealth company demanding payment of a fee, penalty, and/or other charge; (3) which fee, penalty, and/or other charge the individual did not owe based on objective information contained in business records of AdaptHealth and/or an AdaptHealth company; (4) which bills and/or notices were sent between April 3, 2019 until the date of class certification; and (5) which consumers resided in North Carolina when AdaptHealth and/or the AdaptHealth company sent the bill or notice." AdaptHealth is a provider of home healthcare equipment, medical supplies to the home and related services in the United States. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3M7uqyi at no extra charge.[CC] ADVANCE AUTO PARTS: Suarez Sues Over Inflated Stock Price --------------------------------------------------------- MIGUEL SUAREZ, individually and on behalf of All Others Similarly Situated, Plaintiff v. ADVANCE AUTO PARTS, INC., THOMAS R. GRECO, and JEFFREY W. SHEPHERD, Defendants, Case No. 5:23-cv-00563-D (E.D.N.C., Oct. 10, 2023) arises out of the Defendants' violations of the Securities Exchange Act of 1934 in which they failed to disclose pertinent information relevant to the Advance Auto Parts (AAP), or, alternatively providing information about the AAP which was materially misleading or deceptive. According to the complaint, the Defendants misrepresented the efficacy of AAP's strategic pricing initiative and the impact of price reductions; 2) omitted and/or concealed the negative impacts of the pricing initiative; 3) provided investors with an overly optimistic perception of AAP's operations; and 4) created the false impression that inflation and macroeconomic factors had an insubstantial impact on the AAP's margins. Moreover, the Defendants' false and misleading statements had the intended effect and caused AAP stock to trade at artificially inflated levels throughout the class period, says the suit. Headquartered in Raleigh, NC, AAP is a retailer specializing in automobile parts and accessories, serving both automobile professionals and non-professional consumers. The company operates stores called "Advanced Auto Parts," "Autopart International," "Carquest," and "Worldpac." AAP operates over 4,700 stores (across all four brands) in the United States and Canada. [BN] The Plaintiff is represented by: S. Ranchor Harris, III, Esq. ROBERTS AND HARRIS, P.C. 1784 Heritage Center Drive, Suite 204-E Wake Forest, NC 27587 Telephone: (919) 249-5006 E-mail: Ranchor@robertsandharrispc.com - and- Adam M. Apton, Esq. LEVI & KORSINSKY LLP 33 Whitehall Street, 17th Floor New York, NY 10006 Telephone: (212) 363-7500 Facsimile: (212) 363-7171 ADVISORS IGNITE: Seeks More Time to File Class Cert Bid Response ---------------------------------------------------------------- In the class action lawsuit captioned as DAVID VAN ELZEN, individually and on behalf of all others similarly situated, v. ADVISORS IGNITE USA LLC, an Illinois limited liability company, and STEVEN DEJOHN, an Illinois individual, Case No. 1:22-cv-00859-WCG (E.D. Wis.), the Defendants ask the Court to enter an order extending the time to respond to Plaintiff's motion for class certification to November 6, 2023. Advisors provides marketing campaigns and lead programs that include financial advisory, training and consulting services. A copy of Defendant's motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/46VoqAq at no extra charge.[CC] The Plaintiff is represented by: Avi R. Kaufman, Esq. KAUFMAN P.A. 237 South Dixie Highway, Floor 4 Coral Gables, FL 33133 Telephone: (305) 469-5881 E-mail: kaufman@kaufmanpa.com - and - Stefan Coleman, Esq. COLEMAN PLLC 66 Flagler Street, Suite 900 Miami, FL 33130 Telephone: (877) 333-9427 E-mail: law@stefancoleman.com The Defendants are represented by: Dean D. Niro, Esq. Patrick F. Solon, Esq. VITALE, VICKREY, NIRO, SOLON & GASEY LLP 311 S. Wacker Dr., Suite 2470 Chicago, IL 60606 Telephone: (312) 236-0733 Facsimile: (312) 236-3137 E-mail: dniro@vvnlaw.com solon@vvnlaw.com ADW CONSULTING: Fails to Pay Proper Wages to Servers, Campbell Says ------------------------------------------------------------------- KAIA CAMPBELL, on her own behalf and on behalf of those similarly situated, Plaintiff v. ADW CONSULTING, LLC, d/b/a Georgies Garden Café and GEORGE WOOD, Individually, Defendants, Case No. 8:23-cv-02290 (M.D. Fla., Oct. 9, 2023) seeks to recover unpaid minimum wages, liquidated damages, declaratory relief and other relief under the Fair Labor Standards Act. According to the complaint, Plaintiff Campbell performed server/bartender duties for Defendants from on or around March 2023 through May 2023. However, she was not paid for certain hours worked, including hours spent training for the server/bartender position. Additionally, the Defendants reported inflated amounts of tips purportedly earned by Plaintiff and those similarly situated to avoid the requisite payment of at least the statutory minimum wage rate for all hours worked per workweek, says the suit. ADW Consulting, LLC., a Florida Profit Corporation, is in the business of operating a restaurant and bar located at 229 N. Cattleman Road, 369, Sarasota, FL. [BN] The Plaintiff is represented by: Kimberly De Arcangelis, Esq. MORGAN & MORGAN, P.A. 20 N. Orange Ave., 15h Floor Orlando, FL 32801 Telephone: (407) 420-1414 Facsimile: (407) 245-3383 E-mail: kimd@forthepeople.com AMAZON.COM INC: Stipulation to Continue Deadlines Partly OK'd ------------------------------------------------------------- In the class action lawsuit captioned as Carlisle v. Amazon.com, Inc., et al., Case No. 3:22-cv-06856 (N.D. Cal., Filed Nov 3, 2022), the Hon. Judge Trina L. Thompson entered an order granting in part and denying in part Parties stipulation to continue (1) class certification motion deadlines, (2) the ADR completion date, and (3) the Further Case Management Conference. However, there is only good cause to extend the ADR deadline. Accordingly, the ADR deadline is extended to May 3, 2024. All other dates are maintained. The schedule will be discussed at the next case management conference scheduled for February 8, 2024. The parties are ordered to provide a joint case management statement by February 1, 2024. The suit alleges labor-related allegations. Amazon.com is an American multinational technology company focusing on e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. [CC] AMENTUM GOVERNMENT: Middleton Sues Over Fiduciary Breach -------------------------------------------------------- JAY MIDDLETON, individually and on behalf of the AMENTUM 401(K) RETIREMENT PLAN and DYNCORP INTERNATIONAL SAVINGS PLAN, and all others similarly situated, Plaintiff v. AMENTUM GOVERNMENT SERVICES PARENT HOLDINGS LLC, AMENTUM BENEFITS ADMINISTRATION COMMITTEE, TAMMY WOODMAN, DYNCORP INTERNATIONAL LLC, THE RETIREMENT AND EMPLOYEE BENEFIT PLANS COMMITTEE, BARBARA WALKER, and JOHN AND JANE DOE DEFENDANTS 1-30, Defendants, Case No. 2:23-cv-02456 (D. Kan., Oct. 6,2023) seeks remedies for the violations of the Employee Retirement Income Security Act of 1974. During the Class Period, Defendants, as fiduciaries of the Plans, breached the duties they owed to the Plans, to Plaintiff, and to other participants and beneficiaries of both plans by failing to adequately monitor and control fees, expenses, and costs, allowing service providers to charge excessive fees, expenses, and costs. Moreover, Plaintiff brings this action to remedy the losses sustained as a result of Defendants' fiduciary breaches and to obtain such further equitable or remedial relief as may be appropriate to redress and to enforce the provisions of ERISA. Amentum Government Services Parent Holdings LLC describes itself as a premier leader in global engineering, project management, and solutions integration, and operates in 85 countries with 44,000 employees. [BN] The Plaintiff is represented by: Scott C. Nehrbass, Esq. FOULSTON SIEFKIN LLP 7500 College Blvd. Suite 1400 Overland Park, KS 66210-4041 Telephone: (913) 253-2144 Facsimile: (913) 498-2101 E-mail: snehrbass@foulston.com - and - Boyd A. Byers, Esq. Emily L. Matta, Esq. FOULSTON SIEFKIN LLP 1551 N. Waterfront Pkwy, Suite 100 Wichita, KS 67206-4466 Telephone: (316) 291-9716 Facsimile: (316) 771-6011 E-mail: bbyers@foulston.com ematta@foulston.com AMERICAN RAG CIE: Bunting Files ADA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against American Rag Cie, LLC. The case is styled as Rasheta Bunting, individually and as the representative of a class of similarly situated persons v. American Rag Cie, LLC, Case No. 1:23-cv-07658-HG (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. American Rag Cie -- https://americanrag.com/ -- offers the best collection of contemporary designer fashion, denim and footwear.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com APIPILHUASCO CONSTRUCTION: Fails to Pay Overtime Wages to Laborers ------------------------------------------------------------------ JORGE HUITZACHE HERNANDEZ, individually and on behalf of all those similarly situated, Plaintiff v. APIPILHUASCO CONSTRUCTION, LLC and MIGUEL GONZALEZ, jointly and severally, Defendants, Case No. 2:23-cv-00213-RWS (N.D. Ga., Oct. 6, 2023) arises out of the Defendants' alleged violations of the Fair Labor Standards Act. The Plaintiff was employed by Defendants as a construction laborer from approximately 2015 to February 28, 2022. On average, Plaintiff worked 72 hours each week. Throughout Plaintiff's employment, the Plaintiff received no overtime wages despite working excess of 40 hours each week. Moreover, he brings this action on behalf of himself, and all other similarly situated employees of Defendants, to recover unpaid overtime premium pay, owed to them pursuant to the FLSA. Located in Flowery Branch, GA, Apipilhuasco Construction, LLC is registered Georgia limited liability company that provides construction services. [BN] The Plaintiff is represented by: Brandon A. Thomas, Esq. THE LAW OFFICES OF BRANDON A. THOMAS, PC 1 Glenlake Parkway, Suite 650 Atlanta, GA 30328 Telephone: (678) 862-9344 Facsimile: (678) 638-6201 E-mail: brandon@overtimeclaimslawyer.com APPLE INC: Faces Class Suit Over AirTag Privacy, Stalking Concerns ------------------------------------------------------------------ Turkiye reports that AirTag, which Apple launched in 2021, is on the agenda, especially with complaints from women. In 2022, two women in the United States took the manufacturer Apple to court on the grounds that they were followed by the AirTag device. AirTag, which Apple launched in 2021, is on the agenda, especially with complaints from women. This device, which is used to locate small items in case of loss or to prevent pets from getting lost, can be used by some people to track someone. In 2022, two women in the United States took the manufacturer Apple to court on the grounds that they were followed by the AirTag device. The women claimed that they were tracked with AirTag by their ex-husbands and that they found this device in their bags and their children's school bags. This lawsuit against Apple was joined by 37 other people who claimed that they were being tracked with the product in question. 'ONE OF THE MOST DANGEROUS TECHNOLOGIES USED BY PERVERTS' Lauren Hughes, one of the 37 plaintiffs, claimed that her ex-boyfriend followed her through AirTag. Hughes claimed that she found an AirTag on the steering wheel of her car and that her ex-boyfriend tried to identify the hotel where she was staying and her new home with this device. "One of the most dangerous and frightening technologies used by stalkers is the use of real-time location information to track victims," the class action lawsuit said of the AirTag product. Apple had made an update for AirTag upon complaints of harassment and stalking. With this update, it was ensured that the iPhone warns when an AirTag that does not belong to you is detected nearby. [GN] ARCTIC COOL: Castro Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Arctic Cool, LLC. The case is styled as Felix Castro, on behalf of himself and all others similarly situated v. Arctic Cool, LLC, Case No. 1:23-cv-09029 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Arctic Cool -- https://arcticcool.com/ -- features a relaxed athletic fit that is not only comfortable, but allows for a full range of motion for any activity.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com ART TO FRAMES: Web Site Not Accessible to Blind, Erkan Suit Says ---------------------------------------------------------------- NIHAL ERKAN, individually and on behalf of all others similarly situated, Plaintiff v. ART TO FRAMES, INC., Defendant, Case No. 1:23-cv-07649 (E.D.N.Y., Oct. 13, 2023) alleges violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, through https://www.arttoframe.com, is not fully or equally accessible to blind and visually-impaired consumers, including the Plaintiff, in violation of the ADA. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's Web site will become and remain accessible to blind and visually-impaired consumers. ART TO FRAMES, INC. provides to the public a website known as Arttoframe.com which provides consumers with access to an array of different types of frames, home decor, accessories, and custom printing services, which Defendant offers in connection with their physical location. [BN] The Plaintiff is represented by: Mars Khaimov, Esq. MARS KHAIMOV LAW, PLLC 100 Duffy Avenue, Suite 510 Hicksville, New York 11801 Telephone: (929) 324-0717 Facsimile: (929) 333-7774 Email: mars@khaimovlaw.com ATRIA SENIOR: Agrees to Settle Wage and Hour Class Suit for $1.3M ----------------------------------------------------------------- Kimberly Bonvissuto of McKnights Senior Living reports that Atria Senior Living has agreed to pay $1.3 million in a wage and hour class action settlement over its alleged misclassification of community sales directors as outside salespeople, but the company denies any wrongdoing. The settlement covers 69 community sales directors in Atria's California properties who claimed that the company did not properly pay for meal and rest breaks, as well as overtime. U.S. District Court Judge William Alsup of the Northern District of California approved the settlement on October 11, 2023. "We continue to believe in the correctness of our position and vehemently deny these allegations," an Atria spokeswoman told McKnight's Senior Living on October 13, 2023. "However, we chose to settle the suit in order to avoid lengthy and costly legal proceedings that would have served as a distraction from our main focus: providing the best experience in senior living to our residents." George Stickles and Michele Rhodes filed the labor lawsuit against Atria Senior Living and Atria Management Co. in 2020. The sales directors were successful in certifying a class of former and current employees in December 2021, covering community sales directors employed at Atria's California properties between April 9, 2018, and Sept. 29, 2019. According to the settlement, reached in February and finalized October 11, 2023, Atria denies any liability or wrongdoing and asserts that the company complied with California laws and did not engage in any unfair or unlawful business practices. The company previously said it would "vigorously defend" itself against the claims. Along with the wage and hour claims, the complaint also alleged violations of California's labor code and sought civil penalties under the Private Attorneys General Act, or PAGA. The PAGA penalties are included in the settlement and apply to 65 of the sales directors covered in the class action suit who were employed between Jan. 17, 2020, and May 2, 2020. Atria owns 46 senior living communities in California. [GN] AVANTGARDE SENIOR: Pineda Sues Over Unlawful Labor Practices ------------------------------------------------------------ ERIKA PINEDA, an individual, on behalf of herself, all aggrieved employees, and the State of California as a Private Attorneys General, Plaintiff v. AVANTGARDE SENIOR LIVING, a California corporation and DOES 1-50, inclusive, Defendant, Case No. 23STCV24527 (Cal. Super. Ct., Los Angeles Cty., Oct. 9, 2023) alleges violations of the Private Attorneys General Act of 2004. Plaintiff Pineda worked for Defendant as a housekeeper on an hourly, nonexempt basis until June 20, 2023. She alleges that Defendant has a consistent policy and/or practice of: (1) failing to pay for all hours worked, including overtime hours worked; (2) failing to pay all wages owed twice per month; (3) failing to pay wages due upon termination; (4) failing to provide rest breaks; (5) failing to provide uninterrupted meal breaks; (6) failing to reimburse for required business expenses; (7) failing to provide accurate itemized wage statements and maintain accurate records. Located in Tarzana, CA, AvantGarde offers assisted living, memory care and independent living options for seniors aged 60 and older. [BN] The Plaintiff is represented by: Nazo Koulloukian, Esq. KOUL LAW FIRM 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Telephone: (213) 761-5484 Facsimile: (818) 561-3938 E-mail: nazo@koullaw.com - and - Sahag Majarian, Esq. Garen Majarian, Esq. MAJARIAN LAW GROUP, APC 18250 Ventura Blvd. Tarzana, CA 91356 Telephone: (818) 609-0807 Facsimile: (818) 609-0892 E-mail: sahagii@aol.com garen@majarianlawgroup.com BAM TRADING: Wilhelm Suit Removed to N.D. Illinois -------------------------------------------------- The case styled as Candice Wilhelm, individually and on behalf of similarly situated individuals v. BAM Trading Services, Inc., Case No. 2023CH08089 was removed from the Circuit Court of Cook County, to the U.S. District Court for the Northern District of Illinois on Oct. 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-14906 to the proceeding. The nature of suit is stated as Other P.I. BAM Trading Services Inc, doing business as Binance.US -- https://www.binance.com/en -- is a cryptocurrency exchange.[BN] The Plaintiff appears pro se. The Defendant is represented by: Sean Gerald Wieber, Esq. Whitney M. Ising, Esq. WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601-9703 Phone: (312) 558-5769 Email: swieber@winston.com wising@winston.com BANGO BOWLS: Martinez Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Bango Bowls, LLC. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Bango Bowls, LLC, Case No. 1:23-cv-07672 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Bango Bowls -- https://bangobowls.com/ -- offers legendary acai and pitaya bowls, poke bowls, oatmeal bowls, smoothies, cold brew coffees, and more.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com BARKER WELLNESS: Bunting Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Barker Wellness LLC. The case is styled as Rasheta Bunting, individually and as the representative of a class of similarly situated persons v. Barker Wellness LLC, Case No. 1:23-cv-07701 (E.D.N.Y., Oct. 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Barker Wellness -- https://www.barkerwellness.com/ -- offers premium quality and ethically made vegan, THC-FREE, cannabinoid-infused wellness products.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com BASCOM'S STEAKHOUSE: Fails to Pay Proper Wages, Seghrouchni Says ---------------------------------------------------------------- ALI SEGHROUCHNI, individually and on behalf of all others similarly situated, Plaintiff v. BASCOM'S STEAKHOUSE, INC.; FRED B. BULLARD JR., Defendants, Case No.:23-008736-CI (Fla. Cir., Pinellas Cty., Oct. 13, 2023) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiff Seghrouchni was employed by the Defendants as a server. BASCOM'S STEAKHOUSE, INC. owns and operates a restaurant in Florida. [BN] The Plaintiff is represented by: Carlos V. Leach, Esq. T'Keara N. Watson, Esq. THE LEACH FIRM, P.A. 1560 N. Orange Ave., Suite 600 Winter Park, FL 32789 Telephone: (407) 574-6339 Facsimile: (833) 813-7513 Email: cleach@theleachfirm.com twatson@theleachfirm.com BASSETT PICKLE: Clement Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Bassett Pickle Works, Inc. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. Bassett Pickle Works, Inc., Case No. 1:23-cv-07668 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Bassett Pickle Works, Inc. -- https://bassettcaterers.com/ -- offers hot and cold catering services, breakfast/brunch services, hors d'oeuvres/cocktail parties party platters desserts for weddings/formal events, special corporate menus and BBQ/outdoor events.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com BETH WARREN NUTRITION: Erkan Files ADA Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Beth Warren Nutrition, LLC. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Beth Warren Nutrition, LLC, Case No. 1:23-cv-07671-BMC (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Beth Warren Nutrition -- https://www.bethwarrennutrition.com/ -- offers nutrition counseling and wellness program services.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com BHFO INC: Castro Files ADA Suit in S.D. New York ------------------------------------------------ A class action lawsuit has been filed against BHFO, Inc. The case is styled as Felix Castro, on behalf of himself and all others similarly situated v. BHFO, Inc., Case No. 1:23-cv-09035 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. BHFO -- https://www.bhfo.com/ -- is an apparel and shoe retailer selling product worldwide through online marketplace distribution.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com BIBBER AND BELL: Martinez Files ADA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Bibber and Bell, LLC. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Bibber and Bell, LLC, Case No. 1:23-cv-07675 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Bibber and Bell, LLC -- https://bibberandbell.com/ -- is a small production of organic wines and handcrafted spirits from all over the world based in Brooklyn New York City.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com BIRD GLOBAL: Faces Arias Securities Suit in California Court ------------------------------------------------------------ Bird Global, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that it is facing a putative class action lawsuit filed by a purported stockholder of the company filed in the Central District of California on August 15, 2022, against the company and a director and prior officer, entitled "Mario Arias, individually and on behalf of all others similarly situated v. Bird Global, Inc. f/k/a Switchback II Corporation, Travis VanderZanden, and Yibo Ling." Complaint alleges that all defendants violated Sections 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder by the SEC, and that the individual defendants violated Section 20(a) of the Exchange Act. The lawsuits seek, among other things, damages, attorneys' fees and costs, and such other relief as may be deemed just and proper by the court. Bird Global, Inc. is a wholly owned subsidiary of Bird Rides, Inc. Bird Global was formed for the purpose of completing the transactions contemplated by the merger agreement, dated May 11, 2021 by and among Switchback II Corporation, Maverick Merger Sub Inc., a direct and wholly owned subsidiary of Switchback, Bird Rides, and Bird Global. Bird is a micro-mobility company engaged in delivering electric transportation solutions for short distances. BIRD GLOBAL: Faces Cain Securities Suit in California Court ----------------------------------------------------------- Bird Global, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that that it is facing a putative class action lawsuit filed by a purported stockholder of the company filed in the Central District of California on August 15, 2022 against the company and a director and prior officer, entitled "Karen Cain, individually and on behalf of all others similarly situated v. Bird Global, Inc. f/k/a Switchback II Corporation, Travis VanderZanden, and Yibo Ling." Complaint alleges that all defendants violated Sections 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder by the SEC, and that the individual defendants violated Section 20(a) of the Exchange Act. The lawsuits seek, among other things, damages, attorneys' fees and costs, and such other relief as may be deemed just and proper by the court. Bird Global, Inc. is a wholly owned subsidiary of Bird Rides, Inc. Bird Global was formed for the purpose of completing the transactions contemplated by the merger agreement, dated May 11, 2021 by and among Switchback II Corporation, Maverick Merger Sub Inc., a direct and wholly owned subsidiary of Switchback, Bird Rides, and Bird Global. Bird is a micro-mobility company engaged in delivering electric transportation solutions for short distances. BLUETRITON BRANDS: Williams Suit Removed to C.D. California ----------------------------------------------------------- The case captioned as Christopher Williams, as an individual and on behalf of all others similarly situated v. BLUETRITON BRANDS, INC., a Delaware Corporation; and DOES 1-100, inclusive, Case No. CIVSB2320221 was removed from the San Bernardino Superior Court, to the United States District Court for the Central District of California on Oct. 16, 2023, and assigned Case No. 5:23-cv-02124. The Plaintiff's Complaint asserts: Recovery of Unpaid Minimum Wages and Liquidated Damages; Recovery of Unpaid Overtime Wages; Failure to Provide Meal Periods or Compensation in Lieu Thereof; Failure to Provide Rest Periods or Compensation in Lieu Thereof; Failure to Furnish Accurate Itemized Wage Statements; Failure to Reimburse Business Expenses; and Unfair Competition.[BN] The Defendants are represented by: Linda Claxton, Esq. Daniel N. Rojas, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: linda.claxton@ogletree.com daniel.rojas@ogletree.com BMO HARRIS BANK: Pescheck Sues Over Wrongful Termination -------------------------------------------------------- Catherine Pescheck, individually and on behalf of all others similarly situated v. BMO HARRIS BANK, N.A., Case No. 2:23-cv-01376-JPS (E.D. Wis., Oct. 16, 2023), is brought seeking redress for violations of the Family Medical Leave Act ("FMLA") as a result of the Plaintiff's wrongful termination. The Plaintiff suffers from Rheumatoid Arthritis. Plaintiff's Rheumatoid Arthritis causes, among other things, severe pain, requires continuing treatment, and constitutes a "serious health condition." On the advice of her primary care physician and as a result of her worsening Rheumatoid Arthritis, Plaintiff requested leave under the FMLA. Accordingly, Plaintiff submitted a written request for leave on May 25, 2022. On June 6, 2022, Plaintiff received a letter from BMO regarding her request for leave. On June 7, 2022, Plaintiff's supervisor informed her she was terminated. Although Plaintiff's supervisor explained the reason for her termination was related to job performance, such explanation was pretextual. Plaintiff's termination was a direct result of her lawful request for FMLA leave. By terminating Plaintiff's employment as a direct result of her request for FMLA leave, BMO interfered with, restrained, and denied her attempts to exercise her right to leave under the FMLA, says the complaint. The Plaintiff was hired by BMO at its Brookfield, WI branch around 2012, and was ultimately promoted to the position of position of Fraud Analyst. BMO Harris Bank, N.A. is a nationally chartered bank.[BN] The Plaintiff is represented by: Ben J. Slatky, Esq. Jesse Fruchter, Esq. ADEMI LLP 3620 East Layton Avenue Cudahy, WI 53110 Phone: 414.482.8000 Fax: 414.482.8001 Email: bslatky@ademilaw.com jfruchter@ademilaw.com BRIAN KEMP: Crowder Files Suit in N.D. Georgia ---------------------------------------------- A class action lawsuit has been filed against Brian Kemp, et al. The case is styled as Donald Crowder, Solomon Thompson, Timothy Bowen, Mark Merlin, and all others similarly situated v. Brian Kemp, Governor of Georgia; Terry E. Barnard, Georgia Board of Pardons and Parole, Chairman; Jacqueline Bunn, Vice Chairman; David D. Herring, Timothy Ward, Meg Heap, Members; Crystal Moon, Director of Clemency; Case No. 1:23-cv-04732-JPB-JKL (N.D. Ga., Oct. 16, 2023). The nature of suit is stated as Prisoner Civil Rights. Brian Porter Kemp is an American politician serving since January 2019 as the 83rd governor of Georgia.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com BROCK GROUP: Class Cert. Discovery Must Be Completed by Dec. 20 --------------------------------------------------------------- In the class action lawsuit captioned as VALENTIC v. THE BROCK GROUP, INC., et al., Case No. 2:21-cv-01789 (W.D. Pa., Filed Dec. 8, 2021), the Hon. Judge W. Scott Hardy entered an order granting the Plaintiff's unopposed motion for extension of time in which to complete discovery. -- Class Certification Discovery to Dec. 20, 2023 be completed by: -- The Plaintiff's Motion and Supporting Feb. 1, 2024 Memorandum in Support of Class Certification is due by: -- The Defendants' Memorandum in April 1, 2024 Opposition to Class Certification is due by: -- The Plaintiff's Reply Brief is April 22, 2024 due by: The nature of suit states Civil Rights – Employment. Brock Group is a leading provider of industrial specialty services.[CC] BROSNAN RISK: Walker Suit Seeks Conditional Collective Status ------------------------------------------------------------- In the class action lawsuit captioned as YVETTE WALKER, ALFONSO RUBIO, and ORLANDO COTTMAN, on behalf of themselves, FLSA Collective Plaintiffs and the Class, v. BROSNAN RISK CONSULTANTS, LTD., Case No. 1:23-cv-03938-VSB (S.D.N.Y.), the Plaintiffs ask the Court to enter an order: -- Granting motion for conditional collective certification; and -- Facilitating of notice Pursuant to 29 u.s.c. section 216(b). Brosnan is a security and investigations company providing security and security system integration services. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3M7thqi at no extra charge.[CC] The Plaintiffs are represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 BUILDERS MUTUAL: Kocher Sues Over Failure to Protect Sensitive Data ------------------------------------------------------------------- Matthew Kocher, on behalf of himself and all others similarly situated v. BUILDERS MUTUAL INSURANCE COMPANY; AND BUILDERS MUTUAL INSURANCE COMPANY, INC., Case No. 5:23-cv-00579-M (E.D.N.C., Oct. 16, 2023), is brought arising from Defendants' failure to protect highly sensitive data. The Defendants store a litany of highly sensitive personal identifiable information ("PII") and protected health information ("PHI")--together "PII/PHI"--about their current and former employees and claimants. But Defendants lost control over that data when cybercriminals infiltrated their insufficiently protected computer systems in a data breach (the "Data Breach") It is unknown for precisely how long the cybercriminals had access to Defendants' network before the breach was discovered. In other words, Defendants had no effective means to prevent, detect, stop, or mitigate breaches of their systems—thereby allowing cybercriminals unrestricted access to employees and claimants' PII/PHI. Cybercriminals were able to breach Defendants' systems because Defendants failed to adequately train employees on cybersecurity and failed to maintain reasonable security safeguards or protocols to protect the Class's PII/PHI. In short, Defendants' failures placed the Class's PII/PHI in a vulnerable position—rendering them easy targets for cybercriminals, says the complaint. The Plaintiff is a Data Breach victim, having received a breach notice. The Defendants Builders Mutual "provide insurance coverage exclusively to the construction industry."[BN] The Plaintiff is represented by: Joel R. Rhine, Esq. Martin A. Ramey, Esq. Ruth A. Sheehan, Esq. Elise H. Wilson, Esq. RHINE LAW FIRM, P.C. 1612 Military Cutoff Road, Suite 300 Wilmington, NC 28403 Phone: (910) 772-9960 Facsimile: (910) 772-9062 Phone: (910) 772-9960 Email: jrr@rhinelawfirm.com mjr@rhinelawfirm.com ras@rhinelawfirm.com ehw@rhinelawfirm.com - and - Samuel J. Strauss, Esq. Raina C. Borrelli, Esq. TURKE & STRAUSS LLP 613 Williamson St., Suite 201 Madison, WI 53703 Phone (608) 237-1775 Facsimile: (608) 509-4423 Email: sam@turkestrauss.com raina@turkestrauss.com BUMBLE INC: Faces Data Privacy Suit in Illinois Court ----------------------------------------------------- Bumble Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that in late 2021 and early 2022, four putative class action lawsuits were filed against the company in Illinois alleging that certain features of the Bumble apps violate the Illinois Biometric Information Privacy Act (BIPA). These lawsuits allege that the apps used facial geometry scans in violation of BIPA's authorization, consent, and data retention policy provisions. Plaintiffs in these lawsuits seek statutory damages, compensatory damages, attorneys' fees, injunctive relief, and (in one action) punitive damages. Bumble's main operations are providing online dating and social networking applications through subscription and in-app purchases of products servicing North America, Europe and various other countries around the world. Bumble Inc. provides these services through websites and applications that it owns and operates. BUMBLE INC: Settlement in UA Pension Fund Suit Gets Final OK ------------------------------------------------------------ Bumble Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that in August 2023, the United States District Court for the Southern District of New York granted final approval of the settlement of a purported class action complaint, "UA Local 13 Pension Fund v. Bumble Inc. et al.," filed against the company, its Chief Executive Officer, Chief Financial Officer and Board of Directors in January 2022. The complaint asserts claims under the U.S. federal securities laws, purportedly brought on behalf of a class of purchasers of shares of Class A common stock in Bumble's secondary public stock offering that took place in September 2021, that the latter's Registration Statement and prospectus contained false and misleading statements or omissions by failing to disclose certain information concerning Bumble app paying users and related trends and issues with app payment platform, and that as a result of the foregoing, Bumble's business metrics and financial prospects were not as strong as represented in the Registration Statement and prospectus. The complaint seeks unspecified damages and an award of costs and expenses, including reasonable attorneys' fees, as well as equitable relief. In March 2023, the parties executed a settlement agreement that includes a full release of the asserted claims against the Company and other defendants in exchange for a settlement amount of $18 million. Bumble's main operations are providing online dating and social networking applications through subscription and in-app purchases of products servicing North America, Europe and various other countries around the world. Bumble Inc. provides these services through websites and applications that it owns and operates. CANDY DYNAMICS: Cauchi Sues Over Hazardous Liquid Candies --------------------------------------------------------- Sonia Cauchi, individually and on behalf of all others similarly situated, Plaintiff v. Candy Dynamics, Inc., Defendant, Case No. 1:23-cv-07522 (E.D.N.Y., Oct. 9, 2023) seeks to remedy the deceptive and misleading business practices of Candy Dynamics, Inc. with respect to the marketing and sales of its Slime Liquid Sour Rolling Liquid Candies throughout the state of New York and throughout the country. The said products are reportedly unfit for human consumption because they pose a choking hazard for consumers, especially for children. The Defendant has acknowledged the presence of the potential hazard associated with its products by issuing a nationwide recall on October 5, 2023, the suit says. Candy Dynamics, Inc. is a corporation with its principal place of business in Carmel, IN. It specializes in the manufacturing of sour candy products. [BN] The Plaintiff is represented by: Jason P. Sultzer, Esq. Daniel Markowitz, Esq. THE SULTZER LAW GROUP P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: sultzerj@thesultzerlawgroup.com markowitzd@thesultzerlawgroup.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Road, Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com CANOPY GROWTH: Faces Dziedziejko Shareholder Suit Over SEC Filing ----------------------------------------------------------------- Canopy Growth Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on June 27, 2023, an ostensible shareholder commenced a putative class action captioned "Dziedziejko v. Canopy Growth Corporation et al.," Court File No. CV-23-00701769-00CP) against the company and two of its officers on behalf of a putative class of all persons or entities who acquired Canopy's securities in the secondary market between August 6, 2021 to June 22, 2023 and held some or all of those securities until the close of trading on May 10, 2023 or June 22, 2023. Said putative class proceedings alleges that the company's disclosures contained misrepresentations within the meaning of the Securities Act of Ontario, that certain directors and/or officers authorized, permitted, or acquiesced in the release of the impugned disclosures, and that all of the defendants are liable for damages to the putative class. Each proceeding seeks an unspecified amount of damages, interest, legal fees, and the costs of administering a plan of distribution of the recovery. Canopy Growth Corporation is a publicly traded corporation, incorporated in Canada, with its head office located at 1 Hershey Drive, Smiths Falls, Ontario. It is into the production, distribution and sale of a diverse range of cannabis and cannabinoid-based products for both adult-use and medical purposes under a portfolio of distinct brands in Canada. CANOPY GROWTH: Faces Twidale Shareholder Suit Over SEC Filing ------------------------------------------------------------- Canopy Growth Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on May 26, 2023, an ostensible shareholder commenced a putative class action captioned "Twidale v. Canopy Growth Corporation et al.," Court File No. CV-23-00700135-00CP against the company and eight of its directors and/or officers on behalf of a putative class of all persons and entities that acquired the company's securities between May 31, 2022 and June 22, 2023. Said putative class proceedings alleges that the company's disclosures contained misrepresentations within the meaning of the Securities Act of Ontario, that certain directors and/or officers authorized, permitted, or acquiesced in the release of the impugned disclosures, and that all of the defendants are liable for damages to the putative class. Each proceeding seeks an unspecified amount of damages, interest, legal fees, and the costs of administering a plan of distribution of the recovery. Canopy Growth Corporation is a publicly traded corporation, incorporated in Canada, with its head office located at 1 Hershey Drive, Smiths Falls, Ontario. It is into the production, distribution and sale of a diverse range of cannabis and cannabinoid-based products for both adult-use and medical purposes under a portfolio of distinct brands in Canada. CANOPY GROWTH: Kantner Shareholder Suit Transferred to S.D. N.Y. ---------------------------------------------------------------- Canopy Growth Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on June, 21, 2023, an ostensible shareholder commenced a putative class action captioned "Kantner v. Canopy Growth Corporation, et al.," Case No. 1:23-cv-04905 against the Company and two current officers and one former officer in the U.S. District Court for the Central District of California on behalf of persons and entities that purchased or otherwise acquired our securities between June 1, 2021 and May 10, 2023 was transferred to the U.S. District Court for the Southern District of New York on July 20, 2023. Said putative class proceedings alleged that the company violated U.S. federal securities laws by allegedly making false or misleading statements and omissions regarding the "BioSteel" business unit, the company's internal controls over accounting and financial reporting, and the company's business, operations, and prospects. Each proceeding seeks an unspecified amount of damages, interest, legal fees and costs, and other relief. Canopy Growth Corporation is a publicly traded corporation, incorporated in Canada, with its head office located at 1 Hershey Drive, Smiths Falls, Ontario. It is into the production, distribution and sale of a diverse range of cannabis and cannabinoid-based products for both adult-use and medical purposes under a portfolio of distinct brands in Canada. CAPSTONE GREEN: Faces Spitzer Suit Over 17% Stock Price Drop ------------------------------------------------------------ THOMAS SPITZER, individually and on behalf of all others similarly situated v. ROBERT C. FLEXON, DARREN R. JAMISON, JOHN J. JURIC, SCOTT W. ROBINSON, and FREDERICK S. HENCKEN III, Case No. 2:23-cv-08659 (C.D. Cal., Oct. 13, 2023) is a class action on behalf of persons and entities that purchased or otherwise acquired Capstone Green securities between June 14, 2021, and September 22, 2023, inclusive, pursuing claims against the Defendants under the Securities Exchange Act of 1934. The Plaintiff contends that the Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, the Defendants allegedly failed to disclose to investors: (1) that the Company had engaged in "bill and hold transactions" with customers; (2) that these transactions were not reported pursuant to generally accepted accounting principles ("GAAP"); (3) that the Company lacked a reasonable basis to report certain financial results and was reasonably likely to restate its financial statements; and (4) that the Defendant's positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis. On August 15, 2023, the Company announced its inability to timely file a Form 10-Q due to an "ongoing review and investigations by the Audit Committee of financial reporting and other matters." Then, on August 18, 2023, the Company announced it had entered into a Fifth Amendment to its Amended and Restated Note Purchase Agreement among the Company, Goldman Sachs Specialty Lending Group, L.P. and a purchaser party. Capstone also reported receipt of a notice from the NASDAQ exchange that the Company was not in compliance with listing requirements due to its failure to file periodic financial reports. On September 28, 2023, the Company announced it had filed for Chapter 11 bankruptcy. On this news, the Company’s stock price fell $0.10, or 17%, to close at $0.50 per share on September 28, 2023. Then, on October 4, 2023, after trading hours, it was announced that the company would be delisted, and the ticker symbol changed from CGRN to CGRNQ, the suit alleges. The Defendant Robert C. Flexon has been the Company's Chief Executive Officer ("CEO") since August 22, 2023.[BN] The Plaintiff is represented by: Robert V. Prongay, Esq. Charles Linehan, Esq. Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: info@glancylaw.com - and - Frank R. Cruz, Esq. THE LAW OFFICES OF FRANK R. CRUZ 1999 Avenue of the Stars, Suite 1100 Los Angeles, CA 90067 Telephone: (310) 914-5007 CECI NEW YORK: Tarr Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Ceci New York, LLC. The case is styled as Ellen Elizabeth Tarr, on behalf of herself and all others similarly situated v. Ceci New York, LLC, Case No. 1:23-cv-09047 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Ceci Collection -- https://www.cecinewyork.com/ -- is a range of elegant and customizable invitations inspired by the art of the possible.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com CENTURY CARRIERS: Henriquez Sues Over Untimely Payment of Wages --------------------------------------------------------------- FRANCISCO CABALLERO HENRIQUEZ, on behalf of himself and all other persons similarly situated, Plaintiff v. CENTURY CARRIERS, INC. and JOHN SELLONI, Defendants, Case No. 616612/2023 (N.Y. Sup., Nassau Cty., Oct. 12, 2023) seeks to recover unpaid overtime wages and all other relief under the New York Labor Law and the supporting New York State Department of Labor regulations. During the class action period of November 8, 2015 through December 11, 2021, Plaintiff and the Class Members spent more than 25 percent of their hours worked each week performing manual tasks. However, the Defendants failed to pay them on a weekly basis and not later than seven calendar days after the end of the week in which the wages are earned as required by NYLL. Instead, Defendants paid them on a bi-weekly basis pursuant to its payroll policy in violation of NYLL. In addition, the Defendants also failed to pay Plaintiff and Class Members overtime wages at a rate not less than one and one-half times their regular rate of pay or the statutory minimum wage, whichever is greater, for hours worked in excess of 40 hours during a single workweek, the suit alleges. Century Carriers, Inc. is a domestic business corporation with its principal place of business located in Farmingdale, County of Suffolk and State of New York. [BN] The Plaintiff is represented by: David D. Barnhorn, Esq. Peter A. Romero, Esq. ROMERO LAW GROUP PLLC 490 Wheeler Road, Suite 250 Hauppauge, NY 11788 Telephone: (631) 257-5588 CERINI COFFEE: Erkan Files ADA Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Cerini Coffee Services, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Cerini Coffee Services, Inc., Case No. 1:23-cv-07651 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Cerini Coffee Services, Inc. -- https://www.cerinicoffee.com/ -- offers coffee machines for home and office.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com CHARLESTON ADVANCEMENT: Gregory et al. Sue Over Breach of Contract ------------------------------------------------------------------ Jamel Gregory, Nancy Lynn Strickland and Erica Faggione, on behalf of themselves and all others similarly situated, Plaintiffs v. Charleston Advancement Academy High School, Nadine Deif, Traci Combs, Kenneth Battle, Vivan Pettigrew, Elizabeth Moffly, and Charles Benton in their capacities as members of the Board of Charleston Advancement Academy High School, and the South Carolina Public Charter School District Board of Trustees, Defendants, Case No. 2023CP1005016 (Ct. Com. Pl., 9th Judicial Cir., Oct. 11, 2023) alleges claims against the Defendants for breach of contract in connection with the Defendants' failure to honor the obligations to the Plaintiffs by failing to pay Plaintiffs as required by their contracts. Plaintiff Jamel Gregory was formerly employed as an advancement counselor at the Charleston Advancement Academy High School's North Charleston campus. The Plaintiffs and those similarly situated all hold contracts of employment with the school. The contracts all contain the same termination clause -- which does not contemplate the cessation of business of Charleston Advancement Academy, says the suit. Charleston Advancement Academy is a charter school organized and existing under the laws of South Carolina and has its principal place of business in Charleston County. [BN] The Plaintiffs are represented by: Allan R. Holmes, Esq. Timothy O. Lewis, Esq. Post Office Box 938 171 Church Street, Suite 110 Charleston, SC 29401 Telephone: (843) 722-0033 CHEMOCENTRYX INC: Feb. 15, 2024 Class Cert Hearing Sought in Homyk ------------------------------------------------------------------ In the class action lawsuit captioned as JONNIE HOMYK, Individually and on Behalf of All Others Similarly Situated, v. CHEMOCENTRYX, INC. and THOMAS J. SCHALL, Case No. 4:21-cv-03343-JST (N.D. Cal.), the Parties have agreed on the following schedule for the remaining deadlines relating to Lead Plaintiff's Motion for Class Certification: 1. The Defendants shall file and serve Nov. 22, 2023 their opposition to the Motion for Class Certification no later than: 2. Lead Plaintiff shall file and serve Jan. 23, 2024 its reply in support of the Motion for Class Certification no later than: 3. The hearing on Lead Plaintiff's Motion Feb. 15, 2024 for Class Certification shall be continued to: ChemoCentryx is a clinical-stage biopharmaceutical company, focusing on the discovery, development, and commercialization of orally administered therapeutics to treat autoimmune diseases, inflammatory disorders, and cancer. A copy of the Parties' motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/46zkAgQ at no extra charge.[CC] The Plaintiff is represented by: Salvatore Graziano, Esq. Abe Alexander, Esq. Stephen Boscolo, Esq. GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 554-1400 Facsimile: (212) 554-1444 E-mail: salvatore@blbglaw.com abe.alexander@blbglaw.com stephen.boscolo@blbglaw.com - and - Jonathan D. Uslaner, Esq. Lauren M. Cruz, Esq. Caitlin C. Bozman, Esq. 2121 Avenue of the Stars, Suite 2575 Los Angeles, CA 90067 Telephone: (310) 819-3470 E-mail: jonathanu@blbglaw.com lauren.cruz@blbglaw.com caitlin.bozman@blbglaw.com The Defendants are represented by: Michele D. Johnson, Esq. Colleen C. Smith, Esq. Meryn C. N. Grant, Esq. LATHAM & WATKINS LLP 650 Town Center Drive, 20th Floor Costa Mesa, CA 92626-1925 Telephone: (714) 540-1235 Facsimile: (714) 755-8290 E-mail: Michele.Johnson@lw.com colleen.smith@lw.com meryn.grant@lw.com CITADEL SERVICING: Filing for Class Cert Bid Due Dec. 28 -------------------------------------------------------- In the class action lawsuit captioned as FALON BALLARD AND MATTHEW BALLARD, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, v. CITADEL SERVICING CORPORATION, A/K/A ACRA LENDING; AND DOES 1-5, Case No. 8:22-cv-01679-FWS-ADS (C.D. Cal.), the Hon. Judge Fred W. Slaughter entered an order re stipulation to continue briefing schedule for motion for class certification: Jury Trial July 16, 2024 Final Pretrial Conference & Hearing on June 20, 2024 Motions in Limine Last Date to Hear Motion to Amend Sept. 14, 2023 Pleadings /Add Parties Deadline for Plaintiff's Class Dec. 28, 2023 Certification Motion Deadline for Defendants' Opposition to Jan. 25, 2024 Class Certification Deadline for Plaintiff’s Reply to Opposition Feb. 15, 2024 Hearing on Class Certification Motion Mar. 7, 2024 Non-Expert Discovery Cut-Off Dec. 1, 2023 Trial Filings (second round) Apr. 25, 2024 Objections to Counter Designation(s) and May 2, 2024 Counter-Counter Deposition Designation(s) Citadel provides non-prime loans for residential properties on both an owner occupied and non-owner occupied basis. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/4006KBw at no extra charge.[CC] COUNTRY BROOK DESIGN: Castro Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Country Brook Design, Inc. The case is styled as Felix Castro, on behalf of himself and all others similarly situated v. Country Brook Design, Inc., Case No. 1:23-cv-09040 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Country Brook Design -- https://www.countrybrookdesign.com/ -- supplies thousands of customers with the webbing, ribbon, hardware, and know-how to pursue amazing crafting projects.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com COUPANG INC: Securities Suit Ongoing in NY Court ------------------------------------------------ Coupang, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that a putative class action filed on August 26, 2022, on behalf of all purchasers of Coupang Class A common stock pursuant and/or traceable to Coupang's registration statement issued in connection with its initial public offering is currently ongoing. The action was brought against Coupang, Inc., and certain of its former and current directors, current officers, and certain underwriters of the offering. The action was filed in the United States District Court for the Southern District of New York alleging inaccurate and misleading or omitted statements of material fact in Coupang's Registration Statement in violation of Sections 11, 12 and 15 of the Securities Act of 1933. The action was amended on May 22, 2023, and added allegations of securities fraud under Sections 10 and 20 of the Securities Exchange Act of 1934. The action seeks unspecified compensatory damages, attorneys' fees, and reasonable costs and expenses. Coupang, Inc. is a retailer in Korea with operations in the United States, Taiwan, Singapore and China with a preeminent online presence in the market. COVENANT TRANSPORTATION: Silva Files Suit in Mass. Super. Ct. ------------------------------------------------------------- A class action lawsuit has been filed against Covenant Transportation, Inc., et al. The case is styled as Mario Silva, Jancarlos Diaz, individually and on behalf of all others similarly situated v. Covenant Transportation, Inc., Andrew Wantate, Barbara Katimbo, Case No. 2382CV00941 (Mass. Super. Ct., Norfolk Cty., Oct. 16, 2023). The case type is stated as "Contract/Business Cases." Covenant Logistics Group, Inc. -- https://www.covenantlogistics.com/ -- is an American company focused on truckload shipping.[BN] The Plaintiffs are represented by: Adam Jeremy Shafran, Esq. RUDOLPH FRIEDMANN LLP 92 State St. Boston, MA 02109 CRAIG REAGIN CLOTHIERS: Jones Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Craig Reagin Clothiers, LLC. The case is styled as Damon Jones, on behalf of himself and all others similarly situated v. Craig Reagin Clothiers, LLC, Case No. 1:23-cv-09044 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Craig Reagin Clothiers, LLC -- https://www.craigreaginclothiers.com/ -- is a brick-&-mortar store offering brandname dressy fashions for men, including bowties, polos & blazers.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com DALMATA LLC: Luis Files ADA Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against Dalmata LLC. The case is styled as Kevin Yan Luis, individually and on behalf of all others similarly situated v. Dalmata LLC, Case No. 1:23-cv-09050 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. DALMATA -- https://shopdalmata.com/ -- blends modern youth culture and design classics to appeal to ones unique look while connecting high and low, physical and digital.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com DATACOMP APPRAISAL: Harris et al. Sue Over Antitrust Law Violations ------------------------------------------------------------------- LINDA HARRIS, CHARLES NEVIL SANDRA HOFFMAN, JAMES HORNING, KAREN HORNING, TANYA SAFLEY and MICHAEL SAFLEY, individually and on behalf of all others similarly situated, Plaintiffs v. DATACOMP APPRAISAL SYSTEMS, INC.; EQUITY LIFESTYLE PROPERTIES, INC.; HOMETOWN AMERICA MANAGEMENT, LLC; LAKESHORE COMMUNITIES, INC.; SUN COMMUNITIES, INC.; RHP PROPERTIES, INC.; YES COMMUNITIES, LLC; INSPIRE COMMUNITIES, LLC; KINGSLEY MANAGEMENT, CORP.; and CAL-AM PROPERTIES, INC., Defendants, Case No. 1:23-cv-14847 (N.D. Ill., Oct. 12, 2023) seeks to recover treble damages, injunctive relief, and other relief as appropriate, based on Defendant's violations of federal antitrust laws and common law. This action arises from Defendants' conspiracy to fix, raise, maintain, and/or stabilize manufactured home lot rental prices. Their conspiracy has made an affordable housing option increasingly unaffordable by overcharging manufactured home residents. Moreover, Plaintiff alleges that the Defendants' scheme to increase manufactured home lot rental prices is illegal under the antitrust laws and is particularly egregious for the effects it has on vulnerable groups such as the elderly, disabled persons, and low-income earners. Headquartered in Grand Rapids, MI, Datacomp Appraisal Systems, Inc. is a Michigan corporation described as the nation's largest provider of manufactured and mobile home valuations, inspections, and market data. Datacomp's client list includes the top 10 largest manufactured home community owners, regional property management companies, developers, lenders, appraisers, homeowner associations and real estate brokers. [BN] The Plaintiffs are represented by: Eric Lechtzin, Esq. EDELSON LECHTZIN LLP 411 S. State Street Suite N-300 Newtown, PA 18940 Telephone: (215) 867-2399 E-mail: elechtzin@edelson-law.com - and - Vincent Briganti, Esq. Raymond Girnys, Esq. Nicole A. Veno, Esq. LOWEY DANNENBERG P.C. 44 South Broadway White Plains, NY 10601 Telephone: (914) 997-0500 E-mail: vbriganti@lowey.com rgirnys@lowey.com nveno@lowey.com DENTON COUNTY, TX: Amended Proposed Sched Order Extended to Nov. 13 ------------------------------------------------------------------- In the class action lawsuit captioned as HAROLD "TREY" RING, v. DENTON COUNTY EMERGENCY SERVICES DISTRICT No. 1, ET AL., Case No. 4:21-cv-00917-SDJ (E.D. Tex.), the Hon. Judge Sean D. Jordan entered an order extending the deadline to submit an amended Proposed Scheduling Order from October 13, 2023, to November 13, 2023. Denton is a political subdivision of the State of Texas dedicated to providing fire protection, fire prevention education, and emergency medical services. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/45CVQD9 at no extra charge.[CC] DERRICK TODD: Larsen Sues Over Alleged Sexual Assault to Patients ----------------------------------------------------------------- NANCY LARSEN, on behalf of herself and all others similarly situated, Plaintiff v. DERRICK TODD, M.D., CHARLES RIVER MEDICAL ASSOCIATES, P.C., THE BRIGHAM AND WOMEN’S HOSPITAL, INC., BRIGHAM AND WOMEN’S FAULKNER HOSPITAL, INC., BRIGHAM AND WOMEN’S PHYSICIANS ORGANIZATION, INC., MASS GENERAL BRIGHAM COMMUNITY PHYSICIANS, INC., MASS GENERAL BRIGHAM INCORPORATED, JOSEPH HARRINGTON, M.D., VINAY KUMAR, M.D., PAIGE MEISHEID, M.D., DOUGLAS GRONDA, M.D., and JOHN/JANE DOES #1-10, Defendants, Case No._______(Mass. Super., Suffolk Cty., Oct. 11, 2023) alleges claims against the Defendants for, among other things, negligence in protecting his patients from inappropriate bodily examinations or from sexual assault under the auspices of providing medical care. The Plaintiff brings this Complaint on behalf of herself and all other similarly situated individuals who received inappropriate and unauthorized breast, pelvic, and rectal examinations by Dr. Derrick Todd under the auspices of providing medical care, but in reality, for his own sexual gratification. From 2009 through July, 2023, Dr. Todd was in clinical practice providing direct patient care at Brigham and Women’s Hospital and Brigham and Women's Faulkner Hospital as a physician in the Division of Rheumatology, Inflammation, and Immunity. [BN] The Plaintiff is represented by: Andrew C. Meyer, Jr., Esq. William J. Thompson, Esq. LUBIN & MEYER, P.C. 100 City Hall Plaza Boston, MA 02108-2106 Telephone: (617) 740-4447 DIGITAL RIVER: Rock Suit Removed to S.D. Florida ------------------------------------------------ The case styled as Francelin Rock, individually and on behalf of all those similarly situated v. Digital River, Inc. doing business as: MyCommerce, Case No. 502023CA013937XXXAMB was removed from the 15th Judicial Circuit in and for Palm Beach County, to the U.S. District Court for the Southern District of Florida on Oct. 16, 2023. The District Court Clerk assigned Case No. 9:23-cv-81391-AMC to the proceeding. The nature of suit is stated as Other Contract. Digital River -- http://www.digitalriver.com/-- is a private company that provides global e-commerce, payments and marketing services.[BN] The Plaintiff is represented by: Gerald Donald Lane, Jr., Esq. Jennifer Gomes Simil, Esq. Jibrael Jarallah Said Hindi, Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, Suite 1700 Fort Lauderdale, FL 33301 Phone: (954) 628-5793 Fax: (954) 507-9974 Email: jen@jibraellaw.com jibrael@jibraellaw.com gerald@jibraellaw.com The Defendant is represented by: Shawn Y. Libman, Esq. CLARKE SILVERGLATE P.A. 5301 Blue Lagoon Drive, Ste. 9th Floor Miami, FL 33126 Phone: (305) 347-1559 Fax: (305) 377-3001 Email: SLibman@cspalaw.com DOCTORS MEDICAL: Court Refrains from Entering Scheduling Order -------------------------------------------------------------- In the class action lawsuit captioned as Beltran, et al., v. Doctors Medical Center of Modesto et al., Case No. 2:23-cv-01670 (E.D. Cal., Filed Aug. 10, 2023), the Hon. Judge Troy L. Nunley entered an order: -- Granting the Defendants request to refrain from entering the Scheduling Order; and -- Granting the parties time to meet and confer regarding a joint proposed schedule for the Court's consideration. The parties shall file a joint status report not later than 30 days from the date of this Order. The joint status report should include a proposed deadline for the Motion for Class Certification. The Court will issue an amended Scheduling Order after reviewing the parties' joint status report. The nature of suit states Other Statutes -- Other Statutory Actions. Doctors Medical is a full-service, comprehensive healthcare facility.[CC] DOTDASH MEDIA: Potter Sues Over Unlawful Disclosure of Private Info ------------------------------------------------------------------- LORI POTTER, individually and on behalf of all others similarly situated, Plaintiff v. DOTDASH MEDIA, INC., Defendant, Case No. 5:23-cv-00616 (M.D. Fla., Oct. 12, 2023) arises from Defendant's practice of knowingly disclosing to Meta Platforms, Inc. information which identifies Plaintiff and the putative Class Members as having requested or obtained specific video materials or services from Defendant. Plaintiff Potter alleges that the Defendant has violated the Video Privacy Protection Act by the Meta Pixel within its website. When it installed the Metal Pixel, Defendant chose certain options from a menu of available "events" that track specific user activity for automatic disclosure to Facebook, including the visitor's Facebook ID, says the Plaintiff. Headquartered in New York, NY, Dotdash Media, Inc. operates a website, www.marthastewart.com, that offers both prerecorded and live-stream videos to individuals who subscribe to its services. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street Suite 1744 Ft. Lauderdale, FL 33301 - and- Manuel Hiraldo, Esq. HIRALDO P.A. Fort Lauderdale, FL 33301 Telephone: (305) 336-7466 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW. P.A. 515 E las Olas Blvd. Ste 120, Fort Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com DUTCH BROS: Faces Rein Securities Suit in New York Court -------------------------------------------------------- Dutch Bros Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on March 1, 2023, plaintiff Jerry Peacock filed a putative class action lawsuit in U.S. District Court for the Southern District of New York against Dutch Bros Inc. and certain of its executive officers for alleged violations of U.S. federal securities laws. On August 3, 2023, the court appointed a lead plaintiff and re-captioned the case "Douglas Rein, individually and on behalf of all others similarly situated v. Dutch Bros, Inc. et al." The plaintiff purports to bring claims on behalf of a class of acquirers of Dutch Bros Inc. securities between March 1, 2022 and May 11, 2022, and generally alleges that the defendants made false or misleading statements about the impact of commodity inflation on the company's financial results for the first quarter of 2022. The complaint primarily seeks compensatory damages for all affected members of the purported class. Dutch Bros is in the business of operating and franchising drive-thru coffee shops as well as the wholesale and distribution of coffee, coffee-related products, and accessories. As of June 30, 2023, there were 754 shops in operation in 14 U.S. states, of which 473 were company-operated and 281 were franchised. DUTCHESS SCHOOL: Fails to Pay Proper Overtime Wages, Kalinski Says ------------------------------------------------------------------ CHRISTOPHER W. KALINSKI, on behalf of himself and others similarly situated, Plaintiff v. DUTCHESS SCHOOL OF DRIVING, INC. ISA MARINARO, MARIA DOMINIJANNI, and JOHN DOES as the top 10 shareholders of DUTCHESS SCHOOL OF DRIVING, INC., Defendants, Case No. 7:23-cv-08881 (S.D.N.Y., Oct. 10, 2023) alleges violations of the Fair Labor Standards Act and the New York State Labor Law. Starting on or about October 31, 2021, until May 12, 2023, the Defendants employed Plaintiff as a driving instructor at the school. However, the Defendants willfully and maliciously failed to pay Plaintiff Kalinski and similarly situated employees their overtime wages, paying incorrect overtime rates and paying them bi-weekly instead of weekly to avoid having to pay overtime. When Plaintiff persistently demanded that his unpaid overtime wages be paid, Defendants terminated him in retaliation, says the suit. Dutchess School of Driving, Inc. is a domestic business corporation organized under the laws of the State of New York with a principal place of business at 653 Route 82, Hopewell Junction, County of Dutchess, New York. [BN] The Plaintiff is represented by: Jennifer Echevarria, Esq. ECHEVARRIA LAW, PLLC P.O. Box 1053 Warwick, NY 10990 Telephone: (845) 544-7644 E-mail: Jennifer@EchevarriaLawPLLC.com EDWARD MCKEY HALLOWELL: Clement Files ADA Suit in E.D. New York --------------------------------------------------------------- A class action lawsuit has been filed against Edward McKey Hallowell, M.D., P.C. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. Edward McKey Hallowell, M.D., P.C., Case No. 1:23-cv-07667 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Edward McKey Hallowell is an American psychiatrist, speaker.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com EMANUEL MEDICAL: Court Refrains from Entering Scheduling Order -------------------------------------------------------------- In the class action lawsuit captioned as Harrill v. Emanuel Medical Center, et al., Case No. 2:23-cv-01672 (E.D. Cal., Filed Aug. 10, 2023), the Hon. Judge Troy L Nunley entered an order: -- Granting the Defendants request the Court refrain from entering the Scheduling Order; and -- Granting the parties time to meet and confer regarding a joint proposed schedule for the Court's consideration. The parties shall file a joint status report not later than 30 days from the date of this Order. The joint status report should include a proposed deadline for the Motion for Class Certification. The Court will issue an amended Scheduling Order after reviewing the parties' joint status report. Emanuel Medical is a 209-bed acute care hospital located in Turlock, Calif.[CC] ENOVIX CORP: Faces Consolidated Shareholder Suit Over SEC Filing ---------------------------------------------------------------- Enovix Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that it is facing a consolidated shareholder complaint filed on July 7, 2023 seeking unspecified damages, interest, fees and costs on behalf of all persons and entities who purchased and/or acquired shares of the company or Rodgers Silicon Valley Acquisition Corp. between June 24, 2021 and January 3, 2023. On January 6, 2023, a purported company stockholder filed a securities class action complaint in the U.S. District Court for the Northern District of California against the Company and certain of its current and former officers and directors. The complaint alleges that defendants violated Sections 10(b) and 20(a) of the Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by making material misstatements or omissions in public statements related to the company's manufacturing scaleups. Following court appointment of two purported Company stockholder lead plaintiffs, a consolidated complaint alleging substantially similar claims was filed. A substantially identical complaint was filed on January 25, 2023 by another purported Company stockholder. Enovix Corporation designs, develops, manufactures and commercializes next generation Lithium-ion, or Li-ion, battery cells. ENOVIX CORP: Faces Prak, Pimentel Labor Suit -------------------------------------------- Enovix Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that in September 2022, the company began a mediation process with regards to a putative wage and hour class action lawsuit against Enovix and co-defendant Legendary Staffing, Inc. in the Superior Court of California, County of Alameda on January 21, 2022. Plaintiffs, two former machine operators, filed a case captioned "Sopheak Prak & Ricardo Pimentel v. Enovix Corporation and Legendary Staffing, Inc.," Case No. 22CV005846. Said complaint alleges, among other things, on a putative class-wide basis, that the defendants failed to pay all overtime wages and committed meal period, rest period and wage statement violations under the California Labor Code and applicable Wage Orders. The plaintiffs are seeking unpaid wages, statutory penalties and interest and reasonable costs and attorney fees. Enovix Corporation designs, develops, manufactures and commercializes next generation Lithium-ion, or Li-ion, battery cells. ENOVIX CORP: Walker Sues Over Labor Code Violations ---------------------------------------------------- Enovix Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on March 8, 2023, a former employee filed a putative class action lawsuit against Enovix in the Superior Court of California, County of Alameda captioned "Kody Walker v. Enovix Corporation," Case No. 23CV028923. Walker alleges, among other things, on a putative class-wide basis, that the company failed to pay minimum wages, overtime and sick time wages, failed to reimburse employees for required expenses, failed to provide meal and rest periods and issued inaccurate wage statement under the California Labor Code and applicable Wage Orders. The complaint asserts on an individual basis that Walker was constructively discharged. The plaintiff seeks unpaid wages, statutory penalties and interest and reasonable costs and attorney fees. Enovix Corporation designs, develops, manufactures and commercializes next generation Lithium-ion, or Li-ion, battery cells. FOR LIFE: Class Cert Filing in Iglesias Extended to Nov. 29 ----------------------------------------------------------- In the class action lawsuit captioned as THOMAS IGLESIAS, DAVID SALAZAR, OLIVIA THURMAN, and BETHANY TORBERT individually and on behalf of all others similarly situated, V. FOR LIFE PRODUCTS, LLC, Case No. 3:21-cv-01147-TSH (N.D. Cal.), the Hon. Judge Thomas Hixson entered a stipulated amended scheduling order as follows: Event Prior Date Continued Date Deadline to File Plaintiffs' Oct. 17, 2023 Nov. 29, 2023 Motion for Class Certification Deadline to Complete Depositions Nov. 17,2023 Jan. 30, 2024 & Document Production for Plaintiffs' Experts who Submit Declarations in Support of Class Certification Deadline to File Defendant's Dec. 21, 2023 Jan. 30, 2024 Opposition and any related Daubert motions to Plaintiffs' Motion for Class Certification Deadline to File Plaintiffs' Feb. 21, 2024 Apr. 2, 2024 Reply to Defendant's Opposition to Class Certification and File Opposition to Defendant's related Daubert motions Class Certification Hearing Apr. 9, 2024 June 20, 2024 For Life provides furniture, flooring, floor cleaner, and stain remover products. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3s0CHwY at no extra charge.[CC] FPI MANAGEMENT: Wallace and Cotwright Sue Over Labor Code Breaches ------------------------------------------------------------------ GINA WALLACE and HAVA COTWRIGHT, as individuals and on behalf of all others similarly situated, Plaintiffs v. FPI MANAGEMENT, INC., a California corporation; and DOES 1 through 100, inclusive, Defendants, Case No. 23STCV24611 (Cal. Super., Los Angeles Cty., Oct. 10, 2023) arises out of the Defendants' violations of the California Labor Code, including their failure to pay proper wages and to provide meal periods. Plaintiff Gina Wallace worked for Defendants from approximately August of 2022 through approximately February of 2023 while Plaintiff Hava Cotwright worked for them from approximately September of 2022 through approximately January of 2023. The Plaintiffs allege that the Defendants' unlawful conduct constitutes unfair competition within the meaning of Business and Professions Code section 17200. Due to their unlawful business practices in violation of the Labor Code, Defendants have gained a competitive advantage over other comparable companies doing business in the State of California that comply with their obligations to compensate employees in accordance with the Labor Code, say the Plaintiffs. FPI Management is a privately owned, third-party, multifamily property management firm. It provides residential property management services in 21 states. [BN] The Plaintiffs are represented by: David D. Bibiyan, Esq. Jeffrey Klein, Esq. Henry G. Glitz, Esq. BIBIYAN LAW GROUP, P.C. 8484 Wilshire Boulevard, Suite 500 Beverly Hills, CA 90211 Telephone: (310) 438-5555 Facsimile: (310) 300-1705 E-mail: david@tomorrowlaw.com jeff@tomorrowlaw.com henry@tomorrowlaw.com GAMESTOP CORP: Page Sues Over "Free Shipping" Deceptive Ads ----------------------------------------------------------- RYAN PAGE, on behalf of himself and all others similarly situated, Plaintiff v. GAMESTOP CORPORATION, Defendant, Case No. 1:23-cv-01970 (N.D. Ohio., Oct. 9, 2023), alleges claims against the Defendant for unjust enrichment and for violations of the Ohio Consumer Sales Practices Act and other consumer protection laws in connection with the Defendant's deceptive and untruthful promise to provide "free shipping" to online consumers. By falsely marketing that it offers "free shipping" to consumers, then adding a line item charge for "Shipping & Handling", GameStop deceives consumers into making product purchases they otherwise would not make. In addition, by unfairly obscuring its shipping and handling charges, GameStop deceives consumers and gains an unfair upper hand on competitors that fairly disclose their true fees online, says the suit. GameStop is an American video game, consumer electronics, and gaming merchandise retailer. It offers retail products for purchase both in stores and online. [BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS AND GENTILE, P.A. 14 NE 1st Ave Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com - and - Sophia Goren Gold, Esq. KALIELGOLD PLLC 950 Gilman Street, Suite 200 Berkeley, CA 94710 Telephone: (202) 350-4783 E-mail: sgold@kalielgold.com - and - Jeff Kaliel, Esq Amanda Rosenberg, Esq. KALIELGOLD PLLC 1100 15th Street NW, 4th Floor Washington, DC 20005 Telephone: (202) 350-4783 E-mail: jkaliel@kalielpllc.com arosenberg@kalielgold.com GENWORTH FINANCIAL: Trauernicht Seeks Rule 23 Class Certification ----------------------------------------------------------------- In the class action lawsuit captioned as PETER TRAUERNICHT, et al., v. GENWORTH FINANCIAL, INC., Case No. 3:22-cv-00532-REP (E.D. Va.), the Plaintiffs ask the Court to enter an order: -- Certifying a class action for all purposes of liability and relief under Federal Rule of Civil Procedure 23(b)(1)(A) or 23(b)(1)(B); -- Certifying the proposed Class defined in the accompanying Memorandum of Law in Support of Class Certification; -- Appointing Plaintiffs as representatives of the Class; and -- Appointing Plaintiffs' counsel as counsel for the Class under Federal Rule of Civil Procedure 23(g). Genworth provides life insurance, long-term care insurance, mortgage insurance, and annuities. A copy of the Plaintiff's motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3Q3Nv5G at no extra charge.[CC] The Plaintiffs are represented by: Glenn E. Chappell, Esq. Lauren Kuhlik, Esq. TYCKO & ZAVAREEI, LLP 2000 Pennsylvania Avenue NW, Suite 1010 Washington, D.C. 20006 Telephone: (202) 973-0900 Facsimile: (202) 973-0950 E-mail: gchappell@tzlegal.com lkuhlik@tzlegal.com - and - James E. Miller, Esq. Laurie Rubinow, Esq. James C. Shah, Esq. Alec J. Berin, Esq. John C. Roberts, Esq. Kolin C. Tang, Esq. MILLER SHAH LLP 65 Main Street Chester, CT 06412 Telephone: (866) 540-5505 Facsimile: (866) 300-7367 E-mail: jemiller@millershah.com lrubinow@millershah.com jcshah@millershah.com ajberin@millershah.com jcroberts@millershah.com kctang@millershah.com GEO GROUP: Seeks Stay of Detainees' Suit ---------------------------------------- The GEO Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on July 10, 2023, that it moved to stay a class action lawsuit filed on July 13, 2022 in the U.S. District Court for the Eastern District of California, Fresno Division, against the company by current and former detainees of the Mesa Verde ICE Processing Center and the Golden State Annex ICE Processing Center filed. The complaint alleges that federal detainees who volunteer to participate in the Voluntary Work Program (VWP) at GEO's Mesa Verde and Golden State Annex ICE facilities are employees of GEO and entitled to the state's minimum wage. Plaintiffs also make claims for unfair competition, unjust enrichment, human trafficking, forced labor, California's Private Attorneys General Act and retaliation. GEO filed both a motion to stay the action pending a motion to dismiss the action in its entirety. The GEO Group, Inc., a Florida corporation, and subsidiaries specialize in the ownership, leasing and management of secure facilities, processing centers and community reentry centers in the United States, Australia and South Africa. The company owns, leases and operates a broad range of facilities including maximum, medium and minimum security facilities, processing centers, as well as community-based reentry facilities and offers an expanded delivery of rehabilitation services. GINKGO BIOWORKS: Wang Securities Suit Over IPO Ongoing ------------------------------------------------------ Ginkgo Bioworks Holdings, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that it is currently facing a putative securities class action filed on August 4, 2021, a on behalf of purchasers of the common stock of its subsidiary, Zymergen, pursuant to or traceable to the registration statement for Zymergen's initial public offering (IPO). The action is pending in the United States District Court for the Northern District of California, and is captioned "Wang v. Zymergen Inc., et al., Case No. 3:21-cv-06028-VC." The action alleges violations of Sections 11 and 15 of the Securities Act of 1933, as amended in connection with its IPO, names Zymergen, certain of its former officers and directors, and its IPO underwriters as defendants and seeks damages in an unspecified amount, attorneys' fees, and other remedies. Zymergen intends to defend vigorously against such allegations. Ginkgo Bioworks Holdings, Inc. designs custom cells for customers used in improving its platform for programming cells for equipment, robotic automation, software, data pipelines and tools, and standard operating procedures for high throughput genetic engineering, fermentation, and analytics. GRASS GATOR: Fails to Pay Proper OT Wages, Roberson Suit Says ------------------------------------------------------------- Phillip J. Roberson Jr., individually and on behalf of all others similarly situated, Plaintiff v. Grass Gator Lawn Care Company, LLC, Defendant, Case No. 2:23-cv-05922 (E.D. La., Oct. 10, 2023) seek all damages available under the Fair Labor Standards Act and the Portal-to-Portal Act in connection with the Defendant's failure to pay Plaintiff time and one-half the regular rate of pay for all hours worked over 40 during each seven-day workweek while working for Defendant paid on a day rate basis. The Plaintiff worked for Defendant as an operator on or about February 2023 to June 8, 2023, performing manual labor associated with landscaping work. The Plaintiff was paid on a day rate basis of approximately $120.00 per day in connection with work for Defendant. However, he was paid for all overtime premium compensation, says the Plaintiff. With its principal place of business located in Gray, LA, Grass Gator Lawn Care Company is engaged in lawn care business. It also offers house and roof washing, surface cleaning, pressure and soft washing, and gutter cleaning. [BN] The Plaintiff is represented by: Kenneth W. DeJean, Esq. Adam R. Credeur, Esq. Natalie M. DeJean, Esq. LAW OFFICES OF KENNETH W. DEJEAN 417 W. University Avenue (70506) P.O. Box 4325 Lafayette, LA 70502 Telephone: (337) 235-5294 Facsimile: (337) 235-1095 E-mail: kwdejean@kwdejean.com adam@kwdejean.com natalie@kwdejean.com - and - Ricardo J. Prieto, T.A. Melinda Arbuckle, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 E-mail: rprieto@wageandhourfirm.com marbuckle@wageandhourfirm.com GXO LOGISTICS: Osibodu FLSA Suit Removed to S.D. Indiana -------------------------------------------------------- The case styled LORRI WALTON OSIBODU, on behalf herself and all other similarly situated, Plaintiff v. GXO LOGISTICS SUPPLY CHAIN, INC., Defendant, Case No. 32D04-2309-PL-000110, was removed from the Superior Court of Hendricks County, Indiana, to the U.S. District Court for the Southern District of Indiana on October 9, 2023. The Clerk of Court for the Southern District of Indiana assigned Case No. 1:23-cv-01813-JRS-MKK to proceeding. The case arises from the Defendant's alleged violations of the Fair Labor Standards Act. Headquartered in Connecticut, GXO Logistics is a global contract logistics company that manages outsourced supply chains and warehousing. [BN] The Defendant is represented by: Megan Van Pelt, Esq. JACKSON LEWIS P.C. 211 North Pennsylvania Street, Suite 1700 Indianapolis, IN 46204 Telephone: (317) 489-6930 Facsimile: (317) 489-6931 E-mail: megan.vanpelt@jacksonlewis.com HEARTSIDE FOOD: Fails to Pay Proper Wages, Juarez Suit Claims ------------------------------------------------------------- Maria Guadalupe Juarez, individually and on behalf of themselves and all other similarly situated persons, Plaintiff v. Hearthside Food Solutions, LLC, Defendant, Case No. 23-CV-14783 (N.D. Ill., Oct. 11, 2023) seeks declaratory relief and damages to remedy Defendant's violations of the Fair Labor Standards Act of 1938, the Illinois Wage Payment and Collection Act, and the Illinois Minimum Wage Law, for failure to pay overtime and/or wages owed. Plaintiff Maria Guadalupe Juarez worked for Defendant as a payroll clerk from approximately 2019 until November 2022. She alleges that the Defendant had a scheme whereby she would not be paid the $.50 additional compensation for all the hours she worked during the 2nd and 3rd shift at Hearthside Food Solutions, LLC, as it should have been pursuant to the employment Agreement between her and the Defendant. Hearthside Food Solutions, LLC is a company doing business in Romeoville, IL. It is a company engaged in the production of food products. [BN] The Plaintiff is represented by: Daniel I. Schlade, Esq. JUSTICIA LABORAL, LLC 6232 N. Pulaski, #300 Chicago, IL 60646 Telephone: (773) 550-3775 E-mail: dschlade@justicialaboral.com HS ACQUISITION: Hernandez Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against HS Acquisition Enterprise, Inc. The case is styled as Janelys Hernandez, on behalf of herself and all others similarly situated v. HS Acquisition Enterprise, Inc. doing business as Hostel Shoppe, Case No. 1:23-cv-09025 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. HS Acquisition Enterprise, Inc. doing business as Hostel Shoppe -- https://hostelshoppe.com/ -- leads the way in providing recumbent trikes and bikes to cyclists across the nation since the early 90's.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com I.K.M.J. JOINT: Strauss Suit Seeks Conditional Certification ------------------------------------------------------------ In the class action lawsuit captioned as BRITTANY STRAUSS and JASMINE WOODWARD, and on behalf of themselves and similarly situated individuals, v. I.K.M.J. JOINT LLC d/b/a/ GIRL COLLECTION, and FLOYD MAYWEATHER, Case No. 2:23-cv-00439-MMD-EJY (D. Nev.), the Plaintiffs ask the Court to enter an order authorizing notice to other similarly situated dancers so that they may learn of their rights to "opt-in" and join this collective action under the federal Fair Labor Standards Act (FLSA) pursuant to 29 U.S.C. section 216(b). Plaintiffs have shown that issuance of notice to similarly situated dancers who have worked for Girl Collection is appropriate under 29 U.S.C. section 216(b). The Court should therefore grant this motion and approve the notice attached here as Exhibit 6. The Plaintiffs worked as exotic dancers at Girl Collection, owned and operated by Floyd Mayweather and I.K.M.J. JOINT LLC. Girl Collection is a Gentlemen's Club located in Las Vegas A copy of Plaintiffs' motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3SlHOD1 at no extra charge.[CC] The Plaintiffs are represented by: Matthew Thomson, Esq. Adelaide H. Pagano, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994-5800 E-mail: mthomson@llrlaw.com apagano@llrlaw.com - and - Kristina L. Hillman, Esq. Sean W. Mcdonald, Esq. WEINBERG, ROGER & ROSENFELD 3199 E. Warm Springs Rd, Ste 400 Las Vegas, NV 89120 Telephone: (702) 508-9282 Facsimile: (510) 337-1023 E-mail: nevadacourtnotices@unioncounsel.net khillman@unioncounsel.net smcdonald@unioncounsel.net INTERNATIONAL FLAVORS: Securities Suit Over Merger Dismissed ------------------------------------------------------------ International Flavors & Fragrances Inc. (IFF) disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that the Second Circuit denied plaintiffs' Petition for Rehearing En Banc, on January 4, 2023. Plaintiffs did not seek review in the United States Supreme Court hence the matter is therefore fully resolved. On August 12, 2019, Marc Jansen filed a putative securities class action against IFF, its then Chairman and CEO, and its then-CFO, in the United States District Court for the Southern District of New York. The lawsuit was filed after IFF disclosed that preliminary results of investigations indicated that Frutarom businesses operating principally in Russia and Ukraine had made improper payments to representatives of customers. On March 16, 2020, an amended complaint was filed, which added Frutarom and certain former officers of Frutarom as defendants. The amended complaint alleges, among other things, that defendants made materially false and misleading statements or omissions concerning IFF's acquisition of Frutarom, the integration of the two companies, and the companies' financial reporting and results. The amended complaint asserts claims under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, and under the Israeli Securities Act-1968, against all defendants, and under Section 20(a) of the Securities Exchange Act of 1934 against the individual defendants, on behalf of a putative class of persons and entities who purchased or otherwise acquired IFF securities on the New York Stock Exchange between May 7, 2018 and August 12, 2019 and persons and entities who purchased or otherwise acquired IFF securities on the Tel Aviv Stock Exchange between October 9, 2018 and August 12, 2019. The amended complaint seeks an award of unspecified compensatory damages, costs, and expenses. IFF, its officers, and Frutarom filed a motion to dismiss the case on June 26, 2020, which was granted on March 30, 2021. On April 28, 2021, lead plaintiffs filed a notice of appeal to the United States Court of Appeals for the Second Circuit. Lead plaintiffs are pursuing the appeal only against Frutarom and certain former officers of Frutarom. The parties have submitted their briefs to the Court of Appeals. The Second Circuit held oral argument on February 10, 2022. On September 30, 2022, the Second Circuit affirmed the dismissal of plaintiffs' claims. International Flavors & Fragrances Inc. and its subsidiaries is a creator and manufacturer of food, beverage, health & biosciences, scent and pharma solutions and complementary adjacent products, including cosmetic active and natural health ingredients, which are used in a wide variety of consumer products. Its products are sold principally to manufacturers of perfumes and cosmetics, hair and other personal care products, soaps and detergents, cleaning products, dairy, meat and other processed foods, beverages, snacks and savory foods, sweet and baked goods, sweeteners, dietary supplements, food protection, infant and elderly nutrition, functional food, and pharmaceutical excipients and oral care products. J. DAVID TAX: Iverson Suit Removed to W.D. Wisconsin ---------------------------------------------------- The case captioned as Larry R. Iverson, Dawn M. Iverson, George Howell III, and GH Heating & Air, LLC, on behalf of themselves and all others similarly situated v. J. DAVID TAX LAW, LLC, Case No. 2023CV000892 was removed from the Circuit Court for Rock County, Wisconsin, to the United States District Court for the Western District of Wisconsin on Oct. 16, 2023, and assigned Case No. 3:23-cv-00718-jdp. In general, Plaintiffs allege that Defendant charged unreasonable and illegal fees associated with legal services, committed malpractice as to the Iverson Plaintiffs, and made fraudulent misrepresentations in violation of Wis. Stat. Section 100.18.[BN] The Defendants are represented by: Samuel C. Hall, Jr., Esq. Matthew J Tobin, Esq. CRIVELLO, NICHOLS & HALL, S.C. 710 N. Plankinton Avenue Milwaukee, WI 53203 414-271-7722 Email: shall@crivellolaw.com mtobin@crivllolaw.com JACK SCHWARTZ SHOES: Mercedes Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Jack Schwartz Shoes, LLC. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Jack Schwartz Shoes, LLC, Case No. 1:23-cv-09022 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Jack Schwartz Shoes, LLC. (JSS) -- http://jssi.com/-- is a family-owned business that has been an American manufacturer, wholesaler, and retailer of footwear for over 80 years.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com JUUL LABS: School District Received Settlement Funds in Vaping Suit ------------------------------------------------------------------- Daniel Newman of The Vindicator reports that Liberty Local School District is one of more than 1,000 schools across the nation receiving settlement funds in lawsuits against e-cigarette producers JUUL Labs Inc. and Altria Group Inc. to crack down on the marketing of flavored tobacco and nicotine products to minors. During a board of education meeting Sept. 28, all members passed a resolution to approve and accept settlements of $23,163 from JUUL; and the amount from Altria, the school said, is around $6,000, both over four years. Since launching the class-action suit in 2021, the schools' legal counsel in the case, Frantz Law Group, of San Diego, is helping schools receive a string of settlement payments from the companies. Liberty’s first payment should come this fall. "Every district is plagued by smoking, vaping and more," Liberty Superintendent Andrew Tommelleo said. "It's an ongoing challenge to detect and eliminate it. We have always faced smoking, and then it eventually morphed into vaping. Kids know where adults are and where they're not, so we have to stay as vigilant as we can." Frantz's website claims that JUUL, like other vape companies, minimized the danger of their products to keep underage buyers hooked. The site states, "From the beginning, JUUL has been trying to target youths with their advertisements. "The statement continues, "Early campaigns from the company show likely teens using the USB drive-shaped vape device and appearing 'cool' because of it, harkening back to the Joe Camel days of cigarettes." TAKING ACTION In order to combat the rise of vaping in school, Newton Falls, Bristol and Mathews school districts plan to install vape smoke-detecting equipment in their schools. "As a high school, we wanted to continue our efforts in creating a safe space and appropriate educational environment for our students," Bristol High School Principal Dan Collins said. "We are installing vape detectors this fall to continue those efforts and make sure we are doing everything we can as a school district to help support our students in their academic endeavors. We look forward to making sure we are keeping our students safe from vaping and the distribution of vapes at the school. We will also present appropriate information to our students about the health risks of vaping." Mathews Superintendent Russell McQuaide said that around 2011 the district began discussing the installation of vape detectors because it recognized it as a problem. High school Principal George Garrett, who McQuaide said is well-versed in the technology field, did research to turn troubled students away from their vaping addictions. "A lot of suspensions were linked to vaping," McQuaide said. "So we needed a deterrent to keep the kids in school. Our goal isn't to punish the kids who get caught but to prevent the problem from arising. We recognized the trend in our discipline statistics and wanted to be more proactive in management." April Caraway, executive director of the Trumbull County Mental Health and Recovery Board, suggested that vaping in schools is a rising epidemic in need of monitoring. "When we do our surveys in the schools, we find that vaping has exploded," Caraway said. "Like with any drug, the earlier they use, the more likely they are to become addicted. There's a lot of nicotine in these cartridges, so they are very addictive. There's more nicotine in cartridges than three cigarettes." ADDING FLAVORS According to the United States Food and Drug Administration, two primary ingredients found in e-cigarettes -- propylene glycol and vegetable glycerin -- are toxic to cells, and the more ingredients in an e-liquid, the greater the toxicity. The dangerous chemicals potentially produced by e-cigarettes, the FDA said, like diacetyl, acrolein and formaldehyde, are toxins that can cause lung disease and heart disease. One of the ingredients in many e-cigarettes, acrolein, is a herbicide primarily used to kill weeds. Acrolein can cause acute lung injury, chronic obstructive pulmonary disease, asthma and lung cancer. The FDA said it has not found any e-cigarette to be " “safe." And more ingredients can mean more flavors. Plaintiffs say the company tries to attract new young buyers by producing "juice pod" flavors that appeal to children and teens, such as cherry, cool mint, fruit medley and mango. Ohio Youth Surveys reported in 2021 that 17.1% of high school students said they had tried cigarettes, and 35.1% of students said they had used an electronic vapor product. Also, 61.2% of Ohio students said they tried electronic tobacco products first. In 2022, the Food and Drug Administration found that 1 in 10, or more than 2.5 million high schoolers in the U.S., were using e-cigarettes. The 2022 National Youth Tobacco Survey also showed that 85% of those students used flavored e-cigarettes. The most commonly used brands were Puff Bar (14.5%), Vuse (12.5%), Hyde (5.5%) and SMOK (4%). McQuaide doubled down on the FDA's scientific studies when he said last week, "With cigarettes, it kind of starts off as just tobacco flavors, and maybe some menthol. But with these vape companies, they’re using many flavors like bubble gum or a bunch of different candies, to get these kids hooked." He added that, in his mind, the addictive qualities that have been added to vaping, like the flavors, have made the epidemic worse than cigarettes. CALLING FOR CHANGE Attorney William Shinoff, who is leading the cases against JUUL and related companies, said he is trying to hold the companies responsible for the problems they've caused in schools around the country. "We're bringing money to districts to not have to use taxpayer dollars to end problems these companies created," Shinoff said. "The nonmonetary part was a success by changing these companies and seeing them make less flavored vape." The American Lung Association's 2023 State of Tobacco Control report graded states in five areas that prevent and reduce tobacco use. Ohio received the following grades: Funding for state tobacco prevention programs (F), strength of smokefree workplace laws (A), level of State tobacco taxes (F), Coverage and access to services to quit tobacco (C), ending the sale of all flavored tobacco products (F). State Rep. Sara Carruthers, R-Hamilton, is the primary sponsor of House Bill 258, which would increase fines for selling tobacco products repeatedly to minors in Ohio. Fines of $250, $500, $1,000 and $1,500 are mentioned throughout the bill as affirmative defenses against multiple offenses. Ohio Gov. Mike DeWine in July announced his support for a ban on flavored tobacco. "I agree with DeWine on some ideas," Carruthers said. "Obviously, flavors like tutti-fruitti and cotton candy appeal to a younger audience. But I disagree with menthol. In some ways you can keep that, but the sweeter ones you should get rid of," she said. Carruthers also said, as of now, she feels criminals aren't being punished enough. "It's a slap on the wrist," Carruthers said. "The more you raise penalties, maybe the less they will break the rules." As for the process of modifying HB 258, Carruthers explained that the flavor issues will have to be brought up during the House Criminal Justice Committee hearing. The issue of teen vaping, in its entirety, however, Carruthers said does not seem to be a bipartisan argument. "I don't think there is a divide," she said. "No one I know, on either side, wants kids vaping. For adults, it's their personal business, but as far as children, no. Ruin your lungs later in life." [GN] K-MAC ENTERPRISES: Green Sues Over Unlawful Capture of Biometrics ----------------------------------------------------------------- DUSTIN GREEN, individually and On behalf Of all others, Plaintiff v. K-MAC ENTERPRISES, INC., Defendant, Case No. 3:23-cv-03315 (S.D. Ill., Oct. 9, 2023) seeks to redress and curtail Defendant's unlawful collection, use, storage, and disclosure of Plaintiff's sensitive and proprietary biometric data, which is a violation of the Biometric Information Privacy Act. Allegedly, the Defendant has violated and continues to violate BIPA because it did not and continues not to properly inform Plaintiff and others similarly situated in writing of the specific purpose and length of time for which their fingerprints were being collected, stored, and used. It also did not provide a publicly available retention schedule and guidelines for permanently destroying the fingerprints, says the suit. K-Mac Enterprises, Inc. is a foreign company that operates 14 different Taco Bell locations in the state of Illinois. [BN] The Plaintiff is represented by: Charles Jason Brown MO 49952 Jayson A. Watkins MO 61434 BROWN & WATKINS LLC 301 S. US 169 Hwy Gower, MO 64454 Telephone: (816) 424-1390 Facsimile: (816) 424-1337 E-mail: brown@brownandwatkins.com watkins@brownandwatkins.com KLN ENTERPRISES: Trammell Sues Over Misbranding & False Advertising ------------------------------------------------------------------- Mark Trammell, individually and on behalf of all those similarly situated v. KLN ENTERPRISES, INC. dba Wiley Wallaby, a Minnesota corporation, Case No. 3:23-cv-01884-H-JLB (S.D. Cal., Oct. 16, 2023), is brought against the Defendant alleging that its Wiley Wallaby Very Berry licorice ("the Products"), which are manufactured, packaged, labeled, advertised, distributed, and sold by Defendant, are misbranded and falsely advertised because they contain artificial flavoring. The front label (or "principal display panel") of the Products state that the Products are "Naturally Flavored" and "Natural Strawberry and Raspberry Flavored," while the back label states that the Products are "Free of Artificial Colors & Flavors." These label claims are false. The Products are flavored using an artificial flavoring, DL malic acid, that is derived from petrochemicals. While there is a naturally occurring form of malic acid, it is extremely expensive to formulate in large quantities and is almost never used in mass-produced food products. Instead, testing conducted on June 28, 2023 by an independent third-party laboratory of the Products purchased by Plaintiff, confirmed the presence of the "D" isomer of malic acid in the Products. This means that the malic acid that Defendant uses in these Products is DL malic acid, a synthetic substance derived from petrochemicals.1 The isomer testing method employed in this case is an industry standard method for identifying the use of DL malic acid. The malic acid used in the Products is used to create, simulate, and/or reinforce the fruit flavors stated on the labels, also known as the "characterizing flavors." However, Defendant pretends otherwise, conflating natural and artificial flavorings, misbranding the Products and deceiving consumers. Consumers including Plaintiff especially rely on label and advertising claims made by food product manufacturers such as Wiley Wallaby, as they cannot confirm or disprove those claims simply by viewing or even consuming the Products. Plaintiff suffered economic injury by Defendant's fraudulent and deceptive conduct as stated herein, and there is a causal nexus between Defendant's deceptive conduct and Plaintiff's injury, says the complaint. The Plaintiff purchased the Products on May 23, 2023 from a Target in Encinitas, California. KLN Enterprises, Inc. dba Wiley Wallaby formulates, manufactures, and sells inter alia licorice candies.[BN] The Plaintiff is represented by: Charles C. Weller, Esq. CHARLES C. WELLER, APC 11412 Corley Court San Diego, CA 92126 Phone: 858.414.7465 Fax: 858.300.5137 Email: legal@cweller.com KNIGHT-SWIFT TRANSPORTATION: Class Cert Deadline Extension Sought ----------------------------------------------------------------- In the class action lawsuit captioned as Hobbs et al v. Knight-Swift Transportation Holdings, Inc. et al., Case No. 1:21-cv-01421-JLR-SDA (S.D.N.Y.), the Parties ask the Court to enter an order granting their bid for a 30-day extension of the current deadline for them to file motions pertaining to class certification, from November 3, 2023 to December 4, 2023. Knight-Swift is a publicly traded, American motor carrier holding company based in Phoenix, Arizona. A copy of the Parties' motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3FnDvPA at no extra charge.[CC] The Defendants are represented by: Brian D. Murphy, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 30 Rockefeller Plaza New York, NY 10112-0015 Telephone: (212) 653-8700 Facsimile: (212) 653.8701 E-mail: bmurphy@sheppardmullin.com KRAFT HEINZ: Martinez Sues Over Blind-Inaccessible Website ---------------------------------------------------------- PEDRO MARTINEZ, on behalf of himself and all other persons similarly situated, Plaintiff, v. THE KRAFT HEINZ COMPANY, Defendant, Case No. 529060/2023 (N.Y. Sup., Kings Cty., Oct. 6, 2023) arises from the Defendant's failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. Plantiff Martinez alleges that the Defendant violated the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law by denying blind and visually-impaired persons persons throughout the United States with equal access to the goods and services Kraft Heinz provides to their non-disabled customers through www.shop.heinz.com. The Kraft Heinz Company is a Delaware Foreign business corporation doing business in New York with its principal place of business located at 200 East Randolph Street, Chicago, IL. It offers various licensed Heinz apparel, accessories, and gifts through its website. [BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Telephone: (917) 373-9128 E-mail: ShakedLawGroup@Gmail.com KROGER CO: Faces Sorkin Class Suit Over Roundy's Eggs False Ads --------------------------------------------------------------- Adam Sorkin, individually and on behalf of all others similarly situated v. The Kroger Co., Case No. 1:23-cv-14916 (N.D. Ill., Oct. 14, 2023) alleges that the Defendant misleads customers by labeling Roundy's Eggs as "farm fresh" even though they were produced by confined hens. According to the complaint, "Farm Fresh" is misleading because eggs labeled with this term are obtained from battery cage systems where laying hens lack minimal and/or meaningful access to the outdoors. In such systems, hens live short lives on a wire mesh floor in racks, unable to spread their wings. The battery cages they live in are usually about 18 by 20 inches wide with up to 11 birds per cage. For example, a white leghorn has a wingspan of 32 inches, larger than the area it will be confined in, the Plaintiff says. As a result of the false and misleading representations, Roundy's eggs labeled as "Farm Fresh" are sold at premium price, approximately not less than $1.49 for a dozen large white eggs, excluding tax and sales. The value of the Product that Plaintiff purchased was materially less than its value as represented by the Defendant, asserts the Plaintiff. Additionally, the Defendant obtained benefits and monies because the Product was not from hens living on anything approaching a farm, but from industrial production in confined conditions, to the detriment and impoverishment of the Plaintiff and class members, who seek restitution and disgorgement of inequitably obtained profits, the suit added. The Plaintiff purchased Roundy's eggs labeled and packaged as "Farm Fresh" at Mariano's locations in Cook County between October 2020 and the present. Kroger sells eggs described as "Farm Fresh" under its Roundy's brand at stores including Mariano's Fresh Market.[BN] The Plaintiff is represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES, P.C. 60 Cuttermill Rd Ste 412 Great Neck NY 11021 Telephone: (516) 268-7080 E-mail: spencer@spencersheehan.com KROGER CO: Lyons Files FCRA Suit in N.D. Georgia ------------------------------------------------ A class action lawsuit has been filed against The Kroger Co. The case is styled as Charles Lyons, on behalf of himself and all others similarly situated v. The Kroger Co., Case No. 1:23-cv-04730-MHC (N.D. Ga., Oct. 16, 2023). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. The Kroger Company, or simply Kroger -- https://www.thekrogerco.com/ -- is an American retail company that operates supermarkets and multi-department stores throughout the United States.[BN] The Plaintiff appears pro se. LABORATORY CORP: Court OKs Joint Rule 26(f) Report in McDonald Suit ------------------------------------------------------------------- In the class action lawsuit captioned as DAMIAN MCDONALD, on behalf of the Laboratory Corporation of America Holdings Employees' Retirement Plan, himself, and all others similarly situated, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, Case No. 1:22-cv-00680-LCB-JLW (M.D.N.C.), the Hon. Judge Joe L. Webster entered an order approving joint Rule 26(f) Report as follows: 1. The parties shall confer and select a mutually-agreeable mediator, and shall notify the Court of their selection by November 6, 2023. If no notice identifying an agreed-upon mediator is timely filed, the Clerk shall appoint a mediator from the certified list. 2. The briefing schedule for Plaintiff's class certification motion shall be as follows: The Plaintiff's motion shall be due by: March 1, 2024 Defendant's opposition shall be due by: April 1, 2024 The Plaintiff’s reply shall be due by: April 8, 2024 3. The parties shall file a Local Rule 5.5 Report no later than November 10, 2023. Laboratory Corporation is an American healthcare company headquartered in Burlington, North Carolina. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3S4bBQu at no extra charge.[CC] LADY JANE'S: Gavin Sues Over Uncompensated Minimum, Overtime Wages ------------------------------------------------------------------ Jamie Gavin, Lindsay Gibbons, and Jhamya Winters, on behalf of themselves and those similarly situated v. Lady Jane's Haircuts for Men Holding Company, LLC; Lady Jane's Clearwater FL, LLC; Lady Jane's Moore OK, LLC; Lady Jane's Sunset Hills MO, LLC; Chad Johnson; Tim McCollum; Jesse Dhillon; Alicia Bunch; John Doe 1–10; and Doe Corporation 1-10, Case No. 2:23-cv-12602-PDB-APP (E.D. Mich., Oct. 16, 2023), is brought seeking appropriate monetary, declaratory, and equitable relief based on Defendants' willful failure to compensate the Plaintiffs with minimum wages and overtime wages as required by the Fair Labor Standards Act ("FLSA"), Missouri Minimum Wage Act ("MMWA"), the Oklahoma Minimum Wage Act ("OMWA"), and damages under the theory of unjust enrichment. The Defendants' Lady Jane's salons charge Plaintiffs and the similarly situated Lady Jane's stylists for the right to work in the salons. Defendants charge the hair stylists a set percentage of each service (e.g., 60%), which Defendants characterize as "rent." Defendants require that stylists pay at least $150 per month in "rent" payments. If the stylists do not generate $150 per month in "rent" payments, they are required by Defendants to pay the difference to the company. Defendants' Lady Jane's salons make money from Plaintiffs and the similarly situated Lady Jane's stylists through service charges; product sales; booth rentals; and other miscellaneous fees. The Defendants have standardized rent agreements for their Lady Jane's stylists. Defendants have and use standardized rate increases for their stylists based on job duties and job tenure. Plaintiffs and the similarly situated Lady Jane's stylists perform services integral to Lady Jane's primary business. Defendants do not pay time-and-a-half overtime for hours worked in excess of 40 hours per week. Defendants do not pay the stylists minimum wage for the hours they work in some or all workweeks. The Defendants repeatedly and willfully violated the FLSA, Florida Constitution, the MMWA, and the OMWA by failing to pay the stylists the legally mandated minimum wage and overtime for all hours worked, says the complaint. The Plaintiffs worked for Defendants as Lady Jane's stylists. The Defendants operate Lady Jane's, a men's only hair salon that operates over 100 stores throughout the United States.[BN] The Plaintiff is represented by: Andrew R. Biller, Esq. Andrew P. Kimble, Esq. Laura E. Farmwald, Esq. Emily A. Hubbard, Esq. BILLER & KIMBLE, LLC 8044 Montgomery Rd., Ste. 515 Cincinnati, OH 45236 Phone: 513-202-0710 Facsimile: 614-340-4620 Email: abiller@billerkimble.com akimble@billerkimble.com lfarmwald@billerkimble.com ehubbard@billerkimble.com - and - Matthew J. Clark, Esq. GREGORY, MOORE, BROOKS & CLARK, P.C. Grand Park Centre 28 W. Adams, Suite 300 Detroit, MI 48226 Phone: (313) 964-5600 Facsimile: (313) 964-2125 Email: Matt@unionlaw.net LCS FINANCIAL: Fails to Secure Private Info, Henderson Suit Alleges ------------------------------------------------------------------- NATALIE HENDERSON, individually, and on behalf of all others similarly situated, Plaintiff v. LCS FINANCIAL SERVICES CORPORATION, Defendant, Case No. 1:23-cv-02654 (D. Colo., Oct. 11, 2023) arises from the Defendant's failure secure consumers' information and its failure to promptly notify Plaintiff and Class members that their personally identifiable information was exfiltrated due to Defendant’s security failures and alleges claims against the Defendant for negligence, negligence per se, bailment, and for violations of the Colorado Consumer Protection Act. According to the complaint, LCS disclosed in a Notice sent to affected consumers on or about September 22, 2023, that on February 23, 2023, it has discovered that a cyber-intruder accessed information contained on LCS's systems. Accordingly, Plaintiff brings this action on behalf of all those similarly situated to seek relief from LCS's failure to reasonably safeguard Plaintiff's and Class members' PII; its failure to reasonably provide timely notification that Plaintiff's and Class members' PII had been compromised by an unauthorized third party; and for intentionally and unconscionably deceiving Plaintiff and Class members concerning the status, safety, location, access, and protection of their PII. Headquartered in Englewood, CO, LCS is a collections agency that primarily focuses on debt recovery services on behalf of financial institutions across the United States, including credit unions and lenders. [BN] The Plaintiff is represented by: Daniel O. Herrera, Esq. Nickolas J. Hagman, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 S. LaSalle, Suite 3210 Chicago, IL 60603 Telephone: (312) 782-4880 Facsimile: (312) 782-4485 E-mail: dherrera@caffertyclobes.com nhagman@caffertyclobes.com LI PITA HOUSE: Mamo Sues Over Labor Law Breaches ------------------------------------------------ BILAL MAMO, individually and on behalf of the collective and class members, Plaintiffs, v. LI PITA HOUSE INC., and CAFER SAHIN, personally, and individually, Defendants, Case No. 2:23-cv-07582 (E.D.N.Y., Oct. 11, 2023) arises out of the Defendants' willful and systemic wage violations, resulting in deliberate underpayment of wages to Plaintiff and the Collective and Class members in violation of the Fair Labor Standards Act and the New York Labor Law. Plaintiff Mamo commenced employment at Li Pita House on or about July 2022 as a waiter. The Plaintiff worked on average 60-70 hours per week, without meal breaks during his shift. In his class action complaint, Plaintiff alleges that Defendants willfully violated the FLSA and NYLL by (i) failing to pay the minimum wage, (ii) failing to pay overtime premium pay; (iii) failing to provide meal break (iv) failing to pay spread-of-hour pay (v) failing to provide the Notice of Acknowledgement of Payrate and Payday (vi) failing to provide an accurate wage statement, and (vii) improperly retaining gratuities meant for the employees. Li Pita House is a domestic corporation existing under the laws of New York. It operates a restaurant located in Medford, NY and at the direction and control of Cafer Sahin. [BN] The Plaintiff is represented by: Emre Polat, Esq. EMRE POLAT, PLLC 45 Broadway, Suite 1420 New York, NY 10006 Telephone: (212) 480-4500 LIFELINE SYSTEMS: Englar Sues Over Lack of Data Security -------------------------------------------------------- TWAYLAH ENGLAR, individually and on behalf of all others similarly situated, Plaintiff v. LIFELINE SYSTEMS COMPANY, Defendant, Case No. 1:23-cv-12345 (D. Mass., Oct. 11, 2023) arises out of the recent cyberattack and data breach resulting from Lifeline's failure to implement reasonable and industry standard data security practices, alleging claims against the Defendant for negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment. In the untitled letters sent to Plaintiff and Class Members, Defendant asserts that on August 6, 2022, the Defendant identified unusual network activity. Defendant's investigation concluded -- on an unspecified date -- that "an unauthorized person gained access to Lifeline's network between July 27, 2022 and August 6, 2022 and, during that time, accessed and/or acquired some of the documents on Lifeline's system. Accordingly, Plaintiff brings this class action lawsuit to address Defendant's inadequate safeguarding of Class Members' Private Information that it collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party and precisely what specific type of information was accessed. Lifeline is a is a healthcare company that provides products and services to its customers, including medical alert systems. [BN] The Plaintiff is represented by: Randi Kassan, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 100 Garden City Plaza Garden City, NY 11530 Telephone: (212) 594-5300 E-mail: rkassan@milberg.com - and - David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 5335 Wisconsin Avenue NW Washington, DC 20015-2052 Telephone: (866) 252-0878 Facsimile: (202) 686-2877 E-mail: dlietz@milberg.com LIFESTANCE HEALTH: Nayani Securities Suit Ongoing in NY Court ------------------------------------------------------------- LifeStance Health Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that it is currently facing a shareholder class action lawsuit captioned "Nayani v. LifeStance Health Group, Inc., et al." was filed in the United States District Court for the Southern District of New York on August 10, 2022, against the company and certain executives and board members, as well as the underwriters of the company's initial public offering. The lawsuit alleges, in part, that the Defendants violated Section 11 of the Securities Act of 1933 because the IPO registration statement purportedly contained inaccurate and misleading statements and/or failed to disclose certain facts concerning patient visits and clinician retention. The lawsuit also asserts that the LifeStance Defendants violated Section 15 of the Securities Act because they are control persons of the company. The lawsuit seeks unspecified monetary damages and purports to represent all shareholders who purchased the company's common stock pursuant to the IPO registration statement. LifeStance Health Group, Inc. operates as a provider of outpatient mental health services, spanning psychiatric evaluations and treatment, psychological and neuropsychological testing, and individual, family and group therapy. LIFETIME VALUE CO: Bellanca Files Suit in N.D. Ohio --------------------------------------------------- A class action lawsuit has been filed against The Lifetime Value Co. LLC. The case is styled as James Bellanca, Michael Fink, Ohio citizens, individually and as the representatives of a class of similarly-situated persons v. The Lifetime Value Co. LLC, Case No. 1:23-cv-02023 (N.D. Ohio, Oct. 16, 2023). The nature of suit is stated as Other P.I. The Lifetime Value Co. -- https://www.ltvco.com/ -- is an online consumer and business information brands that help people discover, understand, and use data.[BN] The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON & WANCA 3701 Algonquin Road, Ste. 500 Rolling Meadows, IL 60008 Phone: (847) 368-1500 Fax: (847) 368-1501 Email: rkelly@andersonwanca.com LIFETIME VALUE: Bellanca Files "Placeholder" Class Cert Bid ----------------------------------------------------------- In the class action lawsuit captioned as JAMES BELLANCA and MICHAEL FINK, Ohio citizens, individually and as the representatives of a class of similarly-situated persons, v. THE LIFETIME VALUE CO. LLC, a Delaware limited liability company, Case No. 1:23-cv-02023-DAP (N.D. Ohio), the Plaintiffs file a "placeholder" motion for class certification to protect against any potential attempt by Lifetime to moot their claims through the tendering of individual relief. The Plaintiffs respectfully request the Court allow this "placeholder" motion for class certification to remain pending to protect against any alternative pick-off attempt following the Supreme Court's decision in Campbell-Ewald. The proposed class meets the requirements of Rules 23(a), (b)(2), (b)(3), and (g). The Plaintiffs request that following discovery and further briefing, the Court certify the class, appoint Plaintiffs as the class representatives, and appoint Plaintiffs' attorneys as class counsel. The Plaintiffs will file their memorandum of law in support of their Motion after Rule 23 discovery has been completed. The parties need to meet and confer and propose a discovery schedule with this Court and Plaintiffs respectfully request a status conference with the Court as soon as practicable to set a discovery schedule on Plaintiffs' Rule 23 Motion. The Plaintiffs propose the following class definition: "All current and former Ohio residents who are not subscribers to Lifetime's PeopleSmart platform and whose name and/or identity are or have been used to market paid subscriptions for the PeopleSmart platform." Lifetime is an online consumer and business information brands that help people discover, understand, and use data. A copy of the Plaintiff's motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3rNdczn at no extra charge.[CC] The Plaintiffs are represented by: Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 W. Algonquin Rd. Ste 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 E-mail: rkelly@andersonwanca.com LINDE GAS: Plaintiff Seeks More Time to File Class Cert Bid ----------------------------------------------------------- In the class action lawsuit captioned as MOUNTAIN HI, LLC, a Washington Limited Liability Company, on behalf of itself and all others similarly situated, v. LINDE GAS & EQUIPMENT INC. d/b/a PRAXAIR DISTRIBUTION, INC., a Delaware corporation, Case No. 2:22-cv-01432-TSZ (W.D. Wash.), the Plaintiff requests the class certification deadlines be extended as follows: Event Current Deadline Proposed Deadline Discovery related to class Oct. 9,2023 Dec. 8, 2023 Certification issues Plaintiff's Motion for Dec. 7, 2023 Feb. 8, 2024 Class Certification filed by Linde is a manufacturer and distributor of industrial gases and equipment. A copy of the Plaintiff's motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3rXpdSJ at no extra charge.[CC] The Plaintiff is represented by: Toby J. Marshall, Esq. Elizabeth A. Adams, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103 Telephone: (206) 816‐6603 Facsimile: (206) 319‐5450 E-mail: tmarshall@terrellmarshall.com eadams@terrellmarshall.com LITTLE COLLINS: Rojas Sues Over Illegal Tip Pool, Improper Wages ---------------------------------------------------------------- YOVANI FERNANDO RAMOS ROJAS, on behalf of himself, FLSA Collective Plaintiffs and the Class, Plaintiff v. LITTLE COLLINS MANAGEMENT LLC, LITTLE COLLINS HOLDING LLC, LITTLE COLLINS LLC, LITTLE COLLINS LEXINGTON LLC d/b/a LITTLE COLLINS, LITTLE COLLINS GM LLC d/b/a LITTLE COLLINS, LITTLE COLLINS THIRD AVE LLC d/b/a LITTLE COLLINS, LEON UNGLIK, and NICHOLAS CURNOW, Defendants, Case No. 616380/2023 (N.Y. Sup., Nassau Cty., Oct. 6, 2023) seeks all available relief under Fair Labor Standards Act and the New York Labor Law. The Plaintiff brings claims for relief as a collective action on behalf of all employees (including but not limited to delivery persons, waiters, servers, hosts, bartenders, barbacks, porters, runners, busboys, food preparers, cooks, and dishwashers) employed by Defendants between June 23, 2017 to September 7, 2023. Throughout Plaintiff's employment, the Defendants instituted an illegal tip pool in which back-of-house employees would partake in the tip pool. Among other things, the Defendants failed to properly compensate Plaintiff and Class Members for their hours worked beyond 40 hours per week, at the overtime premium. Instead, Defendants paid Plaintiff and Class Members at a straight time rate for all hours exceeding 40 hours per week, says the suit. Little Collins Management LLC operates four restaurants in New York City as a single integrated enterprise under the shared trade name "Little Collins." [BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone.: (212) 465-1188 Facsimile: (212) 465-1181 LOOP AMERICA: Luis Files ADA Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Loop America Inc. The case is styled as Kevin Yan Luis, individually and on behalf of all others similarly situated v. Loop America Inc., Case No. 1:23-cv-09046 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Loop America -- https://www.loopamerica.com/ -- is a destination for all hearing aid and hearing loops needs.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com LYFT INC: Settlement in Consolidated Suit Wins Final Nod -------------------------------------------------------- Lyft, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on August 7, 2023, the federal court granted the plaintiffs' motion for final approval of a class action settlement of a consolidated securities case. Beginning in April 2019, multiple putative class actions and derivative actions have been filed in state and federal courts against the company, its directors, certain of its officers, and certain of the underwriters named in the registration statement relating to the company's initial public offering (IPO) alleging violation of securities laws, breach of fiduciary duties, and other causes of action in connection with the IPO. The putative class actions were consolidated into two putative class actions, one in California state court and the other in federal court. The derivative actions have also been consolidated into one action in federal court in California. In the California federal court class action, on May 14, 2020, the company filed a motion to dismiss the consolidated complaint and on September 8, 2020, the federal court granted in part and denied in part that motion. The company filed its answer to this consolidated complaint on October 2, 2020, and the court certified the class action on August 20, 2021. On February 8, 2022, the parties informed the court they had reached an agreement in principle to settle the case on a class-wide basis, and the plaintiff filed an unopposed motion for preliminary approval of the settlement on June 16, 2022. The parties' motion for preliminary settlement approval was granted by the court on December 16, 2022. The court subsequently issued a scheduling order setting forth deadlines for notifying the class of the proposed settlement, for filing objections or opting out of the class, briefing schedules for the parties seeking final approval of the settlement and for seeking attorneys' fees and costs, and setting a final fairness hearing, which proceeded on July 20, 2023. Lyft, Inc. operates multimodal transportation networks in the United States and Canada that offer access to a variety of transportation options through its platform and mobile-based applications. MCLAREN HEALTH CARE: Lewis Sues Over Data Breach of Private Info ---------------------------------------------------------------- SARAH LEWIS, individually and on behalf of all others similarly situated, Plaintiff v. MCLAREN HEALTH CARE CORPORATION, Defendant, Case No. 2:23-cv-12571-TGB-KGA (E.D. Mich., Oct. 11, 2023) arises from the Defendant's failure to properly secure and safeguard Plaintiff's and Class Members' protected health information (PHI) and personally identifiable information stored within Defendant's information network. According to the complaint, on no later than October 3, 2023 unauthorized third-party cybercriminals gained access to Plaintiff's and Class Members' PHI/PII and financial information as hosted with Defendant, with the intent of engaging in the misuse of the PII and financial information, including marketing and selling Plaintiff’s and Class Members' PHI/PII. The Plaintiff alleges claims against the Defendant for negligence, breach of implied contract, breach of implied covenant of good faith and fair dealing, and unjust enrichment. McLaren Health Care Corporation is a large healthcare system based out of Grand Blanc, MI. It operates 14 hospitals in Michigan. [BN] The Plaintiff is represented by: Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Road, Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, PR 00907 Telephone: (215) 789-4462 E-mail: klaukaitis@laukaitislaw.com MCLAREN HEALTH: Norwood Sues Over Data Breach of Patients' Info --------------------------------------------------------------- JANISE NORWOOD, individually and on behalf of all others similarly situated, Plaintiff v. MCLAREN HEALTH CARE CORPORATION, Defendant, Case No. 2:23-cv-12553-GAD-DRG (E.D. Mich., Oct. 10, 2023) asserts claims against the Defendant for negligence; breach of implied contract; violations of the Michigan Consumer Protection Act; violations of the Michigan Data Breach Notification Statute; and, alternatively, unjust enrichment in connection with the Defendant's failure to secure and safeguard the sensitive information of Plaintiff and other patients. On or about October 3, 2023, Ransomware group, ALPHV/BlackCat, took credit for hacking the McLaren system and claimed, to have stolen 6 terabytes of data on 2.5 million patients. As a result of McLaren's inadequate security measures and breach of its legal duties and obligations, the Data Breach occurred, and Plaintiff's and Class Members' Private Information was accessed and stolen by cyber criminals BlackCat, says the suit. Headquartered in Grand Blanc, MI, McLaren is a "$6.6 billion, fully integrated health care delivery system" which "includes 13 hospitals in Michigan" and covers "more than 732,838 lives in Michigan and Indiana." McLaren controls 15 hospitals, over 100 primary care offices, and 9 walk-in clinics. [BN] The Plaintiff is represented by: Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Road, Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: ostrow@kolawyers.com - and - William Peerce Howard, Esq. THE CONSUMER PROTECTION FIRM 401 East Jackson Street, Suite 2340 Tampa, FL 33602 Telephone: (813) 500-1500 E-mail: billy@theconsumerprotectionfirm.com MEDNAX SERVICES: Plaintiffs Seek to Certify Class Action -------------------------------------------------------- In the class action lawsuit Re: Mednax Services, Inc., Customer Data Security Breach Litigation, Case No. 0:21-md-02994-RAR (S.D. Fla.), the Plaintiffs ask the Court to enter an order certifying case as class action pursuant to Rules 23(a), 23(b)(3), and 23(b)(2). Alternatively, the Plaintiffs request that the Court enter an Order certifying common issues under Rule 23(c)(4). The Plaintiffs further request that the Court appoint the Plaintiffs as Class Representatives and appoint Federman & Sherwood and McShane & Brady, LLC as Class Counsel. Pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3), (b)(2), and if necessary, (c)(4), Plaintiffs seek certification of the following classes: -- The Nationwide Mednax Class "All current and former patients of Mednax residing in the United States whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." -- The Nationwide AA Class "All current and former patients of American Anesthesiology residing in the United States whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." -- The Arizona Subclass "All current and former Mednax patients residing in Arizona whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." -- The California Subclass "All current and former Mednax patients residing in California whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." -- The Florida Subclass "All current and former Mednax patients residing in Florida whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." -- The Maryland Subclass "All current and former Mednax patients residing in Maryland whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." -- The Washington Subclass "All current and former Mednax patients residing in Washington whose PHI and PII was compromised as a result of the Data Breach disclosed beginning in December 2020." Excluded from the Nationwide Class and Subclasses are Defendants, any entity in which Defendants have a controlling interest, and Defendants' officers, directors, legal representatives, successors, subsidiaries, and assigns. Also excluded from the Class is any judge, justice, or judicial officer presiding over this matter and members of their immediate families and judicial staff. A copy of Plaintiffs' motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/46zktlq at no extra charge.[CC] The Plaintiffs are represented by: William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. Oklahoma City, OK 73120 Telephone: (405) 235-1560 Facsimile: (405) 239-2112 E-mail: wbf@federmanlaw.com - and - Maureen M. Brady, Esq. Lucy McShane, Esq. MCSHANE & BRADY, LLC 1656 Washington Street, Suite 120 Kansas City, MO 64108 Telephone: (816) 888-8010 Facsimile: (816) 332-6295 E-mail: mbrady@mcshanebradylaw.com lmcshane@mcshanebradylaw.com MILLENNIA HOUSING: Warren Suit Removed to E.D. Arkansas ------------------------------------------------------- The case styled as Jordan Warren, Kiara Booker, Bernamesha Young, Miyana Bryant, Kelly O'Donald, Shanta Burnett, , individually and on behalf of all others similarly situated v. Millennia Housing Management LTD., Millenia Commercial Group LTD, Millenia Housing Development LTD., Millenia Housing Capital LTD, SC Apartments AR LLC, John Does 1-10, Case No. 60CV-23-06684 was removed from the Pulaski County Circuit Court, to the U.S. District Court for the Eastern District of Arkansas on Oct. 13, 2023. The District Court Clerk assigned Case No. 4:23-cv-00977-KGB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Millennia Housing Management -- https://themillenniacompanies.com/ -- is a housing development and management company based in Ohio. Cleveland, Ohio.[BN] The Plaintiffs are represented by: Chauncy Graham COCHRAN FIRM 323 Center Street, Suite 1601 Little Rock, AR 72201 - and - Jeffrey M. Graves Terris C. Harris COCHRAN FIRM 197 Charmant Place, Suite 2 Ridgeland, MS 39157 Phone: (601) 790-7600 The Defendant is represented by: Amelia F. Botteicher, Esq. Mark D. Wankum, Esq. ANDERSON, MURPHY & HOPKINS, LLP 101 River Bluff Drive, Suite A Little Rock, AR 72202-2267 Phone: (501) 210-3617 Fax: (501) 372-7706 Email: fuller@amhfirm.com wankum@amhfirm.com - and - Daniel K. Kavouras, Esq. Sam A. Camardo, Esq. BAKER & HOSTETLER LLP Key Tower, Suite 2000 127 Public Square Cleveland, OH 44114-1214 Phone: (216) 621-0200 MOBILE PHLEBOTOMY: Rayford Sues Over Nonpayment of Overtime Wages ----------------------------------------------------------------- TONZANIA RAYFORD individually and on behalf of similarly situated persons, Plaintiff v. MOBILE PHLEBOTOMY OF CENTRAL MICHIGAN LLC (AKA MPCM SERVICES), AMANDA BREASBOIS, an individual, Defendants, Case No. 1:23-cv-01067 (W.D. Mich., Oct. 9, 2023) alleges violations of the Fair Labor Standards Act. The Plaintiff is an adult resident of Lansing, MI who provided phlebotomy services for Defendants in Michigan while classified as an "independent contractor" from November 2022 until April 2023. The Plaintiff and other similarly situated phlebotomists worked 40 or more hours a week. However, the Defendants knowingly and willfully failed to properly pay time-and-a-half for hours worked more than 40 in a week to them based on their misclassification as "independent contractors," says the suit. MPCM is a company having a principal place of business in Merrill, MI, out of which it provides mobile phlebotomy services to businesses throughout Michigan. [BN] The Plaintiff is represented by: David M. Blanchard, Esq. Kelly R. McClintock, Esq. BLANCHARD & WALKER, PLLC 221 N. Main Street, Suite 300 Ann Arbor, MI 48104 Telephone: (734) 929-4313 E-mail: blanchard@bwlawonline.com mcclintock@bwlawonline.com MOUNTAIN LAUREL: Class Cert Hearing in Costello Set for Nov. 30 --------------------------------------------------------------- In the class action lawsuit captioned as TAYLOR COSTELLO, v. MOUNTAIN LAUREL ASSURANCE COMPANY, Case No. 2:22-cv-00035-TAV-CRW (E.D. Tenn.), the Hon. Judge Cynthia Richardson Wyrick entered an order granting the Defendant's motion for hearing on Plaintiff's motion for class certification. The hearing shall be held on the motion on Thursday, November 30, 2023 at 1:30 p.m. during which the Court will also address all pending Daubert motions. The case is one of many similar actions pending in district courts across the country. As a result, the filings in this case have been voluminous. The record in this case already contains more than 10,000 pages of filings, most of which relate to the Daubert and class certification motions, including multiple filings of supplemental authority and supplemental exhibits. To assist both the Court and counsel in addressing such a voluminous record, the Court directed Defendant to file a single memorandum of law containing within it 10 pages or less of analysis as to each of the contested expert witnesses by November 3, 2023. Mountain Laurel provides property and casualty insurance. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3QjvSA6 at no extra charge.[CC] NATIONAL WESTERN: Completes Payment of Settlement in Baldwin Suit ----------------------------------------------------------------- National Western Life Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that ultimate payments due under the settlement terms over a data breach were paid in 2022. The company reported that it experienced a data event in which an intruder accessed and exfiltrated certain data from the company's network as mentioned in two proposed class actions filed against National Western captioned "Mildred Baldwin, on behalf of herself and others similarly situated vs. National Western Life Insurance Company," filed in the Missouri Circuit Court for the 18th Judicial Circuit (Pettis County) filed in February 16, 2021 The parties subsequently agreed to consolidate into a single proposed class action seeking an undetermined amount of damages, attorneys' fees and costs, injunctive relief, declaratory and other equitable relief, and enjoinment. National Western filed a Motion to Dismiss on July 16, 2021. On July 26, 2021, the parties filed a Joint Motion to Stay Pending Mediation, which the court denied. On September 15, 2021, the court granted in part and denied in part National Western's Motion to Dismiss. At a mediation held on October 12, 2021, the parties agreed on preliminary terms to settle the litigation. The parties filed a Joint Notice of Settlement and Motion to Stay Deadlines with the court on October 20, 2021. The company accrued $4.4 million for this matter at December 31, 2021. The court issued an order preliminarily approving the settlement on January 19, 2022 and issued an order granting final approval of the settlement on June 16, 2022. National Western Life Group, Inc. is an insurance company based in Austin, Texas. NED LAMONT: Logan Files Suit in D. New Jersey --------------------------------------------- A class action lawsuit has been filed against NED LAMONT, et al. The case is styled as Mary Basile Logan, individually and on behalf of those similarly situated v. NED LAMONT, in his official capacity as Governor of Connecticut; JOHN CARNEY, in his official capacity as Governor of Delaware; CHARLIE BAKER, in his official capacity as Governor of Massachusetts; WES MOORE, in his official capacity as Governor of Maryland; LAWRENCE J. HOGAN, in his former capacity as Governor of Maryland and in his capacity as Chair for the National Governors Association (NGA); PHIL MURPHY, in his official capacity as Governor of New Jersey and as former Chair of the National Governors Association (NGA); TAHESHA WAY, in her former capacity as Secretary of State, as former President of the National Association of Secretaries of State, and her current capacity as Lt. Governor, New Jersey; JUDITH PERSICHILLI, in her official capacity as then Commissioner of Health for the State of New Jersey; SEJAL HATHI, in her official capacity as Deputy Commissioner for Public Health Services; MATTHEW PLATIKIN, in his official capacity as Attorney General of the State of New Jersey; KATHY HOCHUL, in his official capacity as Governor of New York; ANDREW CUOMO, in his former capacity as Governor of New York and his capacity as Vice-Chair of the National Governors Association; LETITIA JAMES, in her capacity as Attorney General of the State of New York; TOM WOLF, in his official capacity as Governor of Pennsylvania; DAN MCKEE, in his official capacity as Governor of Rhode Island; KRISTEN CLARKE, in her official capacity as Assistant Attorney General, Department of Justice, Civil Rights Division; MIGUEL CARDONA, in his official capacity as the United States Secretary of Education; THE DEMOCRATIC NATIONAL COMMITTEE; THE REPUBLICAN NATIONAL COMMITTEE; JOHN DOES (1-100); JANE DOES (1-100); Case No. 3:23-cv-21174-ZNQ-TJB (D.N.J., Oct. 13, 2023). The nature of suit is stated as Other Civil Rights. Edward Miner Lamont Jr. -- https://portal.ct.gov/Office-of-the-Governor/About/Governor-Ned-Lamont -- is an American businessman and politician serving since January 2019 as the 89th governor of Connecticut.[BN] The Plaintiff appears pro se. NICHOLAS K. INCORPORATED: Crosson Files ADA Suit in E.D. New York ----------------------------------------------------------------- A class action lawsuit has been filed against Nicholas K Incorporated. The case is styled as Aretha Crosson, individually and as the representative of a class of similarly situated persons v. Nicholas K Incorporated, Case No. 1:23-cv-07702 (E.D.N.Y., Oct. 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Nicholas K -- https://nicholask.com/ -- is a privately held men's and women's luxury clothing line based in New York.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com NIKOLA CORPORATION: Tenneson Sues Over 15.38% Stock Price Drop -------------------------------------------------------------- John Tenneson, individually and on behalf of all others similarly situated v. Nikola Corporation, Mark A. Russell, Michael Lohscheller, Stephen J. Girsky, Kim Brady, and Anastasiya Pasterick, Case No. 2:23-cv-02131-DJH (D. Ariz., Oct. 13, 2023) is a federal securities class action on behalf of a class consisting of: "all persons and entities other than Defendants that purchased or otherwise acquired Nikola securities between February 24, 2022 and September 7, 2023, both dates inclusive, seeking to recover damages caused by the Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, against the Company and certain of its top officials." The Plaintiff contends that the Defendants made materially false and misleading statements regarding the Company's business, operations, and compliance policies. Specifically, the Defendants allegedly made false and/or misleading statements and/or failed to disclose that: (i) the Company maintained deficient safety and structural controls related to its manufacturing of battery components; and (ii) the foregoing deficiencies rendered Nikola’s vehicles unsafe to operate and thus unusable, thereby raising the likelihood of a product recall. One June 23, 2023, a Nikola Tre BEV caught fire at the Company's headquarters, with the fire ultimately spreading to four other trucks. That same morning, Nikola posted a tweet in response to the fire, stating, in relevant part, that "[f]oul play is suspected as a vehicle was seen in the area of the affected trucks just prior to the incident and an investigation is underway." Thereafter, on August 11, 2023, in contrast with the Company's earlier suggestion of foul play, Nikola issued a recall of all 209 battery-electric trucks that it had delivered or built to date after the investigation found that a coolant leak inside a battery pack had caused the fire. Finally, on September 8, 2023, it was reported that a fourth Nikola BEV truck caught fire near the Company's headquarters. In a statement sent to Electrek.com, a news website focused on electric transportation and sustainable energy, the Company stated that "there was a thermal incident with one engineering validation battery-electric truck near Nikola's Phoenix headquarters. No one was injured. This pre-production truck was outside and undergoing battery fire investigation and testing." On this news, Nikola's stock price fell $0.16 per share, or 15.38%, to close at $0.88 per share on September 8, 2023. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, the Plaintiff and other Class members have suffered significant losses and damages, says the suit. The Plaintiff acquired Nikola securities at artificially inflated prices during the Class Period and was damaged upon the revelation of the alleged corrective disclosures. Nikola operates as an integrated transportation systems provider that designs and manufactures battery-electric and hydrogen-electric vehicles, electric vehicle drivetrains, vehicle components, energy storage systems, and hydrogen fueling station infrastructure.[BN] The Plaintiff is represented by: Gary A. Gotto, Esq. KELLER ROHRBACK L.L.P. 3101 North Central Avenue, Suite 1400 Phoenix, AZ 85012 Telephone: (602) 248-0088 Facsimile: (602) 248-2822 E-mail: ggotto@kellerrohrback.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (917) 463-1044 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com NISSAN NORTH: Parties Must Continue Discovery Dialogue, Court Says ------------------------------------------------------------------ In the class action lawsuit re Nissan North America, Inc. Litigation, Case No. William L Campbell, Jr. 3:19-cv-00843 (M.D. Tenn., Filed Sept. 24, 2019), the Hon. Jeffery S. Frensley Judge entered an order directing the parties to continue discovery discussions and work in good faith to resolve any disputes before bringing them to the Court. The Court held a status conference on September 25, 2023, to discuss the status of the case. still awaiting a ruling from the Sixth Circuit Court of Appeals regarding the undersigned's ruling on class certification. The parties are reminded that they shall file a notice with the Court within 3 days of the Sixth Circuit's ruling. The Court will hold another status conference on January 10, 2024 at 11:00 a.m. The nature of suit states diversity-fraud. Nissan North America, Inc., doing business as Nissan USA, is the North American headquarters, and a wholly owned subsidiary of Nissan Motor Corporation of Japan.[CC] NOHO WELLNESS: Martinez Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Noho Wellness, Inc. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Noho Wellness, Inc., Case No. 1:23-cv-07670-PKC-SJB (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Noho Wellness, Inc. doing business as Modern Age -- https://modern-age.com/ -- is the first healthcare company designed to slow down aging.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com NORMAN & JULES: Martinez Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Norman & Jules, LLC. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Norman & Jules, LLC, Case No. 1:23-cv-07673 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Norman & Jules -- https://normanandjules.com/ -- is an Indie toy store in New York City for colorful handmade toys, decor & baby accessories crafted with sustainable materials.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com OKLAHOMA PETROLEUM: Dinsmore Files Suit in E.D. Oklahoma -------------------------------------------------------- A class action lawsuit has been filed against Oklahoma Petroleum Allies, LLC. The case is styled as Marvin B. Dinsmore, Sheridan Downey, III, as Adimistrator of the Estate of Margaret D. Dinsmore estate of Margaret D. Dinsmore, on behalf of all others similarly situated v. Oklahoma Petroleum Allies, LLC, Case No. 6:23-cv-00350-GLJ (E.D. Okla., Oct. 13, 2023). The nature of suit is stated as Other Contract for Contract Dispute. Oklahoma Petroleum Allies LLC -- http://www.oklahomapetroleumallies.com/-- is an oil & energy midstream company based in Ardmore, Oklahoma.[BN] The Plaintiffs are represented by: Reagan E. Bradford, Esq. BRADFORD & WILSON, PLLC 431 W Main St., Ste. D. Oklahoma City, OK 73102 Phone: (405) 698-2770 Fax: (405) 234-5506 Email: reagan@bradwil.com OMNIBUYS LLC: Prosky Files TCPA Suit in S.D. Florida ---------------------------------------------------- A class action lawsuit has been filed against Omnibuys LLC. The case is styled as Ron Prosky, individually and on behalf of all others similarly situated v. Omnibuys LLC, Case No. 1:23-cv-23914-XXXX (S.D. Fla., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act. OmniBuys LLC is a sales and marketing education and training company.[BN] The Plaintiff is represented by: Andrew John Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Ste. 1205 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com ORGAIN LLC: Benett Sues Over Mislabeled Protein Shake Products -------------------------------------------------------------- TRICIA BENNETT; and MAI PHAM, individually and on behalf of all others similarly situated, Plaintiffs v. ORGAIN, LLC; and NESTLE HEALTH SCIENCE U.S. HOLDINGS, INC., Defendants, Case No. 3:23-cv-01877-RSH-SBC (S.D. Cal., Oct. 13, 2023) is a class action seeking to challenge the false and deceptive labeling of Orgain's nutritional shakes, protein shakes, and protein powders. The Plaintiff alleges in the complaint that during the relevant Class period, Orgain has misled reasonable consumers about the amount of grass-fed protein in its products. Specifically, the products all have a front label representation about the number of grams of grass-fed protein per serving in the Products. For example, the front label of the Orgain Kids Protein Shake unequivocally states -- "8g GRASS-FED PROTEIN." This representation leads reasonable consumers to believe the Product contains 8 grams of grass-fed protein per serving. Unbeknownst to consumers, neither the Kids Protein Shake, nor any of products at issue, contain the amount of grass-fed protein represented on the front label of the products. This is because the represented amount of grass-fed protein is actually a blend of grass-fed protein and organic protein. Had Plaintiffs and other consumers been aware that the protein in the Products was not entirely grass-fed protein, they would not have purchased the Products or would have paid significantly less for them, says the suit. ORGAIN, INC. operates as a health supplement store. The Company offers organic nutritional shakes, protein powder, artificial sweeteners, bars, and oil. [BN] The Plaintiff is represented by: Ruhandy Glezakos, Esq. Benjamin Heikali, Esq. Joshua Nassir, Esq. TREEHOUSE LAW, LLP 2121 Avenue of the Stars, Suite 2580 Los Angeles, CA 90067 Telephone: (310) 751-5948 Email: rglezakos@treehouselaw.com bheikali@treehouselaw.com jnassir@treehouselaw.com OTTAWA, ON: Opposes Request to Pay $80-M Over Child Welfare ----------------------------------------------------------- Olivia Stefanovich of CBC Lite reports that Ottawa is opposing more than $80 million in legal fees requested by class action lawyers for their work on a historic, multi-billion dollar proposed settlement for First Nations child welfare, CBC News has learned. Five legal firms are seeking $80 million plus applicable taxes and about $600,000 in out-of-pocket expenses from the federal government, according to a motion filed in Federal Court. The government told CBC News it's committed to reaching a fair agreement on legal bills but the proposed fees are too high. It's expected to file its response to the lawyers' billing with the court this week. "The $80 million requested by legal counsel would result in some lawyers being paid more than $4,500 per hour," wrote Zeus Eden, press secretary to Indigenous Services Minister Patty Hajdu. "In our view, this is excessive." The federal government reached a $23.4 billion settlement agreement to compensate First Nations children and their families for chronically underfunding the on-reserve child welfare system and other family services after two separate class action lawsuits were combined into one. Many of the allegations in the class action lawsuits against Ottawa were based on a 2016 Canadian Human Rights Tribunal ruling which found Ottawa discriminated against First Nations children and families by failing to provide them with the same level of child welfare services provided elsewhere. In 2019, the tribunal ordered Canada to pay the maximum human rights penalty of $40,000 per child and family member, which became part of the class action settlement agreement. The deal states the federal government is supposed to pay class action counsel reasonable legal fees, plus taxes and disbursements, over and above compensation. The case is not expected to affect the Federal Court's decision to approve the settlement. That arrangement is unlike most class actions, where fees are paid out of class members' compensation, said David Sterns, one of the lawyers involved in the settlement. "It will be up to the court to decide on the fairness of our fees, in a public hearing, based on the factors that are considered in similar cases," Sterns told CBC News by email. More oversight needed, Blackstock says The lawyers argue in their Federal Court motion that the $80 million sum is justified because the deal they helped to negotiate is unprecedented. They say they took substantial risks by handling the case and agreed to be paid only if they succeeded. First Nations children's advocate Cindy Blackstock, who filed the ultimately successful 2007 human rights complaint that formed the basis of the settlement agreement, said the $80 million bill is unreasonable. "That's a large amount of money," said Blackstock, executive director of the First Nations Child and Family Caring Society. Blackstock said the proposed legal fees create an imbalance between lawyers and the First Nations children and family members. They will receive just over $40,000 at most, she said, while the law firms stand to make tens of millions of dollars. "That's a major concern," she said. "There needs to be more conversation about the role of class action lawyers in respect to reconciliation and perhaps some more oversight." Proposed Indigenous Services spending cuts spark concern Canada must be better at teaching country's 'full story,' Governor General says Indigenous groups stand strong in face of landmark child welfare law before Supreme Court Jasminka Kalajdzic, University of Windsor law professor, said it's unusual to see Canada arguing against the proposed legal fees of class action lawyers. "It is a matter, ultimately, between class counsel and the class," said Kalajdzic, founding director of the Class Action Clinic at the University of Windsor. Kalajdzic said she expects the court to take into account the fact that class counsel agreed to a $80 million cap on billing — and could have asked for more. "It will probably mean, if I had to guess, that the judge is going to accept the fee that's been proposed," she said. The lawyers involved in the settlement agreement argue they could have sought up to $2.35 billion under their contingency fee retainer agreements. They say in their court filings they opted to impose a cap at the request of the Assembly of First Nations (AFN), in order to improve upon past experiences in class actions instituted on behalf of First Nations. "We were reluctant to agree to a cap on legal fees as there were substantial risks and protracted litigation seemed likely," Sterns wrote in the filing. "We did so because the AFN was a sophisticated and experienced party who had legitimate concerns based on lessons learned through previous class actions." Incentives needed for lawyers to take on cases Some of the Indigenous people whose experiences in the child welfare system formed the basis of the class action signed affidavits in support of the proposed legal fees. "I was pleased that my lawyers negotiated that their fees would not be paid out of the settlement funds for survivors," said plaintiff Zacheus Trout of the Cross Lake First Nation in northern Manitoba. "What I do not understand or support is Canada trying to take advantage of my counsel's decision not to negotiate their fees as part of the settlement agreement, or their offer not to receive their fees from the settlement amounts, to pay them less." Anyone covered by the class action settlement can weigh in on the proposed legal fees with the Federal Court in writing, or in-person during a hearing to decide the matter scheduled for Oct. 27 in Ottawa. Approximately 93 partners, associates, clerks and articling students worked on the proposed settlement, Sterns said. The five firms applying for legal fees have several hundred equity partners that share their firm's profits, said Sterns, who added the details are confidential. On the surface, Kalajdzic said, the proposed fees don't seem to be a case of overcompensation since the lawyers are asking for less than one per cent of the overall settlement. "The dollar amount is historic, but it is not unusual for a court to approve a premium of four times the base fee, four times the normal hourly rate," she said. But she added the $18.5 million in time billed is surprising, since the case only occurred over a few years after the Canadian Human Rights Tribunal ordered Ottawa to pay compensation. Canada's legal system encourages lawyers to take cases on a speculative basis and most class actions involve clients who can't afford to pay lawyers up front, she said. "The question of class action lawyers fees is a lightning rod for controversy and many people object to the idea of lawyers . . . profiting off of other people's losses," Kalajdzic said. "If we're going to have a class action system that works, we really do need to have incentives for lawyers to take on these cases. At the same time, we have to guard against overcompensation." None of the fees will go to the First Nations Child and Family Caring Society, said Blackstock. "That, for us, feels like the right decision for us to have made," she said. [GN] OUTDOOR VENTURE: Fails to Timely Pay Wages, Padilla Suit Says ------------------------------------------------------------- JORDI PADILLA, on behalf of herself and all others similarly situated, Plaintiff v. OUTDOOR VENTURE GROUP, LLC, THE ADVENTURE PARK ON LONG ISLAND LLC, and OUTDOOR VENTURE GROUP HOLDINGS, LLC, Defendants, Case No. 616552/2023 (N.Y. Sup., Nassau Cty., Oct. 12, 2023) seeks to recover damages for untimely wages for Plaintiff and her similarly situated hourly non-exempt employees who work or have worked for Adventure Park in New York between September 23, 2016 through September 8, 2023. Plaintiff Padilla has been employed by Defendants as a manual worker from in or around October 2019 through the present. Throughout her employment for Defendants, over 25 percent of Padilla's job duties were physical tasks. Despite spending more than 25 percent of her shift performing these physical tasks, she was compensated by Defendants on a bi-weekly basis, says the Plaintiff. Accordingly, Plaintiff seeks to recover from Defendants the amount of their untimely paid wages as liquidated damages, reasonable attorneys' fees and costs, and pre-judgment and post-judgment interest as provided for by NYLL. Outdoor Venture Group, LLC operates five high-performing parks under The Adventure Park brand, with locations in New York, Connecticut, Virginia and Tennessee. [BN] The Plaintiff is represented by: Brian S. Schaffer, Esq. Frank J. Mazzaferro, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 - and - Raymond Nardo, Esq. RAYMOND NARDO P.C. 129 3rd St. Mineola, NY 11501 Telephone: (516) 248-2121 PACIFIC DISTRIBUTORS: Luis Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Pacific Distributors, LLC. The case is styled as Kevin Yan Luis, individually and on behalf of all others similarly situated v. Pacific Distributors, LLC, Case No. 1:23-cv-09037 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pacific Select Distributors, LLC -- https://pacfoods.com/ -- provides financial brokerage services.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com PACINOS SIGNATURE: Mercedes Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Pacinos Signature, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Pacinos Signature, Inc., Case No. 1:23-cv-09026 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pacinos Signature Line -- https://pacinosproducts.com/ -- sells hair grooming and styling products.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com PARAMOUNT PICTURES: Walter Sues Over Labor Code Violations ---------------------------------------------------------- JAMES LEE WALTERS individually and on behalf of himself and all others similarly situated, Plaintiff, v. PARAMOUNT PICTURES CORPORATION, a Delaware corporation; PARAMOUNT GLOBAL, formerly known as VIACOMCBS, a Delaware corporation; and DOES 1-50, inclusive, Defendants, Case No. 23STCV24850 (Cal. Super., Los Angeles Cty., Oct. 11, 2023) alleges violations of the California Labor Code and California's Unfair Competition Law in connection with the Defendant's uniform policies and practices that deprived Plaintiff and Class Members of earned wages, including minimum wages; straight time wages; overtime wages; premium wages; lawful meal and/or rest breaks; reimbursement for necessary expenses; reporting time wages; and timely payment of wages. During the relevant time, Plaintiff was employed by Defendants in an hourly, non-exempt position. He worked at the office service department in Defendants' facilities approximately five days per week or more than 40 hours per week. However, he was not properly paid for such time at a rate of time and one-half the employee's regular rate of pay per hour. Moreover, Plaintiff was required to incur necessary expenses in the discharge of their duties, including without limitation for cellphone expenses, and tools (including drills, hand tools, screw guns, and other tools) but was not reimbursed for such necessary expenses, says the suit. Based in Hollywood, CA, Paramount Pictures Corporation is an American film and television production and distribution company. [BN] The Plaintiff is represented by: James R. Hawkins, Esq. Christina M. Lucio, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: (949) 387-7200 Facsimile: (949) 387-6676 E-mail: James@Jameshawkinsaplc.com Christina@Jameshawkinsaplc.com PARNASSUS BOOKS: Mercedes Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Parnassus Books, LLC. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Parnassus Books, LLC, Case No. 1:23-cv-09019 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Parnassus Books -- https://www.parnassusbooks.net/ -- is the independent bookstore for independent people in Nashville, Tennessee.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com PEACOCK TV: Discloses Personal Info to FB, Weiss Class Suit Alleges ------------------------------------------------------------------- DANIEL WEISS and MCKENZIE EVANS, individually and on behalf of all others similarly situated v. PEACOCK TV, LLC, Case No. 0:23-cv-61956 (S.D. Fla., Oct. 13, 2023) alleges that the Defendant knowingly discloses to Facebook the Plaintiff's and the Class Members' video viewing history without providing any notification to the Plaintiff and the Class Members, and without the Plaintiff's and the Class Members' informed, written consent, in violation of the Video Privacy Protection Act. The Defendant embedded within its website a "Meta Pixel" that was provided to the Defendant by Facebook. That pixel tracked the Plaintiffs' and the Class Members' video viewing history while on the Defendant's website and reported the viewing history to Facebook along with the Plaintiffs' and the Class Members' unique Facebook Identification numbers, the lawsuit claims. Specifically, the Defendant allegedly disclosed to Facebook the following information related to the Plaintiffs and the Class Members: whether a video was requested and/or viewed on Defendant's website; the specific video name that was requested and/or viewed; the fact that a specific video was requested and/or viewed; the URL associated with the video, and the digital subscriber's FID to Facebook, all in a single data transmission. The Defendant's unlawful conduct caused the Plaintiffs and the Class members concrete harm and injuries, including violations of their substantive legal privacy rights under the VPPA and invasion of their privacy, the lawsuit says. The Plaintiffs seek actual damages but not less than liquidated damages in an amount of $2,500 for each and every violation of the VPPA committed by the Defendant, punitive damages, reasonable attorneys' fees and other litigation costs reasonably incurred, and any other available preliminary or equitable relief deemed appropriate by this Court. The Defendant operates a website (www.peacocktv.com) that offers both prerecorded and live-stream videos to individuals who subscribe to the Defendant's services.[BN] The Plaintiffs are represented by: Jibrael S. Hindi, Esq. LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Ft. Lauderdale, FL 33301 - and - Manuel Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Blvd., Suite 1400 Fort Lauderdale, FL 33301 Telephone: (305) 336-7466 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW. P.A. 515 E las Olas Blvd. Ste 120, Fort Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com PERFORMANCE SUPPLEMENTS: Castro Files ADA Suit in S.D. New York --------------------------------------------------------------- A class action lawsuit has been filed against Performance Supplements, LLC. The case is styled as Felix Castro, on behalf of himself and all others similarly situated v. Performance Supplements, LLC, Case No. 1:23-cv-09089 (S.D.N.Y., Oct. 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Performance Enhancing Supplements LLC -- https://www.performancesupp.com/ -- was founded in 2012. The company's line of business includes the retail sale of specialized foods such as eggs, poultry, health foods, spices, herbs, coffee, and tea.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com PFC MANAGEMENT: Macias Sues Over State Labor Law Violations ----------------------------------------------------------- OSCAR MACIAS, an individual and on behalf of Aggrieved Employees, Plaintiff v. PFC MANAGEMENT LLC, a Delaware Limited Liability Company, PACIFIC FERTILITY CENTERS, INC., a California corporation, THE HATCH FERTILIT FOUNDATION, a California corporation, and DOES 1 through 20, inclusive, Defendants, Case No. 23STCV24738 (Cal. Super., Los Angeles Cty., Oct. 10, 2023) arises out of the Defendants' violations of the California Labor Code and the California Business and Professions Code. On or about January 31, 2022, Plaintiff was hired at Defendant, PFC Management, as an unlicensed staff accountant, with a $60,000 annual salary, even though the minimum salary for employees exempt from overtime laws was $62,400 in 2022. Throughout Plaintiffs employment, the Defendants fostered a culture at work where accountants were expected to work exceptionally long hours. The volume of work that Defendants required Plaintiff to complete made it impossible for Plaintiff to work a standard 40-hour workweek. In addition, the Defendants failed to provide Plaintiff with timely, uninterrupted meal periods. Among other things, the Defendants have never paid Plaintiff all the wages that Plaintiff is owed, including premium pay for his missed, late, and interrupted breaks and overtime compensation for his unpaid off-the-clock work, says the suit. Based in Los Angeles, CA, PFC Management is a Delaware Limited Liability Company that owns and operates fertility clinics. [BN] The Plaintiff is represented by: Jonathan P. LaCour, Esq. LisaNoveck, Esq. Jameson Evans, Esq. Amanda M. Thompson, Esq. EMPLOYEES FIRST LABOR LAW P.C. 1 S. Fair Oaks Ave., Suite 200 Pasadena, CA 91105 Telephone: (310) 853-3461 Facsimile: (949) 743-5442 E-mail: jonathanl@pierrelacour.com lisan@pierrelacour. com jamesone@pierrelacour.com amandat@pierrelacour.com PICCININI BROTHERS: Mizquin Sues Over Unpaid Minimum, Overtime Wage ------------------------------------------------------------------- Jesus Eduardo Mizquin, on behalf of himself and others similarly situated v. PICCININI BROTHERS, INC., PAUL R. VACCARI, and SYLVIE VACCARI, Case No. 1:23-cv-09101 (S.D.N.Y., Oct. 16, 2023), is brought pursuant to the Fair Labor Standards Act ("FLSA"), the New York Labor Law ("NYLL") that he and others similarly situated are entitled to recover from Defendants: unpaid minimum wages, unpaid overtime wages, unpaid spread of hours premiums, retaliation for sick leave, statutory penalties, liquidated damages, and attorneys' fees and costs. The Plaintiff and others similarly situated are victims of Defendants' scheme to underpay employees. Specifically, Defendants compensated Plaintiff a set amount per week despite the fact that the amount of hours Plaintiff was required worked per week would place the compensation below the statutory minimum wage. The Defendant failed to compensate Plaintiff and others similarly situated overtime wages for all relevant weeks where Plaintiff worked over 40 hours. The Defendant failed to compensate Plaintiff and others similarly situated for their earned spread of hours for workdays lasting ten hours or longer, says the complaint. The Plaintiff was hired by the Defendants to work as a delivery Driver on September 10, 2021. The Defendants operates a meat and butcher shop company under the name PICCININI BROTHERS INC., which provides products to commercial and individual consumers.[BN] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Phone: (212) 465-1188 Fax: (212) 465-118 PINNACLE TOO: Charles Seek Final Certification of Collective Class ------------------------------------------------------------------ In the class action lawsuit captioned as DEXLON CHARLES, on behalf of himself, FLSA Collective Plaintiffs, and the Class, v. PINNACLE TOO, LLC, d/b/a PINNACLE ELECTRIC, AGIR ELECTRICAL, LTD., d/b/a PINNACLE ELECTRIC, FRANKCRUM 6, INC. d/b/a FRANKCRUM, FRANK CRUM JR., and ANTONY GIRONTA, Case No. 1:22-cv-04232-DEH-JW (S.D.N.Y.), the Plaintiff asks the Court to enter an order granting final certification of a collective class. A copy of the Plaintiff's motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3rZigR9 at no extra charge.[CC] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 PLAINS GP HOLDINGS: Settles Securities Class Suit for $230MM ------------------------------------------------------------ Plains GP Holdings, L.P. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that the company made a $230 million settlement payment on October 27, 2022 after a class action settlement was formally approved by the United States District Court for the Central District of California on September 20, 2022. Nine class action lawsuits were filed against the company; however, after various claims were either dismissed or consolidated, two proceedings remained pending in said court. In the first proceeding, the plaintiffs sought a declaratory judgment that Plains' right-of-way agreements would not allow Plains to lay a new pipeline to replace an existing line without paying additional compensation. The purchaser of Line 901 and the Sisquoc to Pentland portion of Line 903 has joined this proceeding as a co-defendant with respect to its interest in such acquired pipelines. In the second proceeding, the plaintiffs claimed two different classes of claimants were damaged by the release: (i) commercial fishermen who landed fish in certain specified fishing blocks in the waters off the coast of Southern California or persons or businesses who resold commercial seafood caught in those areas; and (ii) owners and lessees of residential beachfront properties, or properties with a private easement to a beach, where plaintiffs claim oil from the spill washed up. In 2022, in order to fully and finally resolve all claims and litigation for both classes, the company reached an agreement to settle this case in exchange for a payment of $230 million. Plains GP Holdings, L.P. (PAGP) is a Delaware limited partnership formed in 2013 that has elected to be taxed as a corporation for United States federal income tax purposes. PAGP does not directly own any operating assets. As of June 30, 2023, its principal source of cash flow is derived from an indirect investment in Plains All American Pipeline, L.P. (PAA) which owns an extensive network of pipeline transportation, terminal, storage and gathering assets in key crude oil and natural gas liquids producing basins (including the Permian Basin) and transportation corridors and at major market hubs in the United States and Canada. Its assets and the services it provided are primarily focused on and conducted through two operating segments: crude oil and natural gas lines. PROGRESS SOFTWARE: Ortega Suit Transferred to D. Massachusetts -------------------------------------------------------------- The case captioned as Juan Ortega, David Merkle, Nancy Merkle, Jose Rodriguez, Barbara Williams, on behalf of themselves and all others similarly situated v. Progress Software Corporation, Pension Benefit Information, LLC, Case No. 5:23-cv-01329 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Massachusetts on Oct. 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-12363-ADB to the proceeding. The nature of suit is stated as Other P.I. for Tort Negligence. Progress Software Corporation -- https://www.progress.com/ -- is an American public company that offers software for creating and deploying business applications.[BN] The Plaintiff is represented by: Ramin R. Younessi, Esq. LAW OFFICES OF RAMIN YOUNESSI 3435 Wilshire Boulevard Suite 2200 Los Angeles, CA 90010 Phone: (213) 480-6200 Fax: (213) 480-6201 Email: ryounessi@younessilaw.com PROTERRA INC: Faces Shareholder Suit in N. D. Cal. --------------------------------------------------- Proterra Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on July 14, 2023, a purported shareholder filed a class action complaint in the United States District Court Northern District of California, against Proterra and certain current and former officers of the company asserting claims for violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. The complaint alleges that Proterra's filings with the Securities and Exchange Commission and other public statements between August 2, 2022 and March 15, 2023, misrepresented the company's financial position and when Proterra disclosed that it was in violation of a liquidity clause in its secured convertible notes, it caused a substantial decline in the company's stock price. The complaint seeks to certify the action as a class action and recover compensatory damages on behalf of the shareholder and potential class members in an unspecified amount. Proterra Inc. is a developer and producer of zero-emission electric vehicle and EV technology solutions for commercial application. QUALCOMM INC: Perez-Cruet Sues Over Breach of Fiduciary Duties -------------------------------------------------------------- Antonio Perez-Cruet, individually and as a representative of a class of participants and beneficiaries on behalf of the Qualcomm Incorporated Employee Savings and Retirement Plan v. QUALCOMM INCORPORATED; QUALCOMM INCORPORATED US RETIREMENT COMMITTEE; and DOES 1 to 10 inclusive, Case No. 3:23-cv-01890-BEN-MMP (S.D. Cal., Oct. 16, 2023), is brought against the Defendants for breach of Employee Retirement Income Security Act ("ERISA")'s fiduciary duties, violation of ERISA's anti-inurement provision, and engaging in self-dealing and transactions prohibited by ERISA. The Plan is funded by a combination of wage withholdings by Plan participants and Company contributions that are deposited into the Plan's trust fund. Upon their deposit into the Plan's trust fund, all participant contributions and Company contributions become assets of the Plan. As an individual account, defined contribution retirement plan, the Qualcomm Plan "provides for an individual account for each participant and for benefits solely upon the amount contributed to the participant's account, and any income, expenses, gains and losses, and any forfeiture of accounts of other participants which may be allocated to such participant's account." Plan participants pay for the Plan's administrative expenses through a quarterly direct charge to their accounts. The deduction of these administrative expenses from participant accounts reduces the funds available to participants for distribution and/or investing. Participants in the Qualcomm Plan are immediately vested in their own contributions and earnings thereon. Participants vest in the Company's contributions and earnings thereon at the rate of 50% on the first anniversary date and 100% on the second anniversary date of the participant's hire date. When a participant has a break in service prior to full vesting of the Company's contributions, the participant forfeits the balance of unvested Company contributions in his or her individual account and Defendants exercise discretionary authority and control over how these Plan assets are thereafter reallocated. At the discretion of Defendants, forfeited nonvested accounts may be used to pay the Plan's administrative expenses or reduce the Company's contributions to the Plan. Although Defendants have discretion to use the forfeited funds to pay Plan administrative expenses, and thereby reduce or eliminate the amounts charged to the participants' individual accounts to cover such expenses, Defendants have consistently declined to use any of these Plan assets for such purposes over the class period. Instead, Defendants have consistently chosen to utilize the forfeited funds in the Plan exclusively for the Company's own benefit, to the detriment of the Plan and its participants, by using these Plan assets solely to reduce Company contributions to the Plan. In 2021, Company contributions to the Plan were reduced by $1,222,072 as a result of Defendants' reallocation of forfeited funds for the Company's own benefit, and no forfeited funds were used to pay any part of the $954,269 in Plan expenses. While Defendants' reallocation of the forfeitures in the Plan's trust fund to reduce its contributions benefitted the Company by reducing its own contribution expenses, it harmed the Plan, along with its participants and beneficiaries, by reducing Company contributions that would otherwise have increased Plan assets and by causing participants to incur deductions from their individual accounts each quarter to cover administrative expenses that would otherwise have been covered in whole or in part by utilizing forfeited funds, says the complaint. The Plaintiff is a resident of California, was previously employed by Qualcomm in California. Qualcomm is a manufacturer of semiconductors and wireless telecommunications headquartered in San Diego, California.[BN] The Plaintiff is represented by: Matthew B. Hayes, Esq. Kye D. Pawlenko, Esq. HAYES PAWLENKO LLP 1414 Fair Oaks Avenue, Unit 2B South Pasadena, CA 91030 Phone: (626) 808-4357 Email: mhayes@helpcounsel.com kpawlenko@helpcounsel.com RADIUS GLOBAL: Smith Sues Over Data Breach ------------------------------------------ Frederick Smith, on behalf of himself and all others similarly situated v. RADIUS GLOBAL SOLUTIONS, LLC, Case No. 0:23-cv-03182 (D. Minn., Oct. 16, 2023), is brought on behalf similar situated individuals ("Class Members") whose sensitive personal information was disclosed to unauthorized third parties during a massive data breach that exploited a vulnerability in software technology called MOVEit on or about May 27, 2023 (the "Data Breach"). The Data Breach compromised the personally identifying information ("PII") and protected health information ("PHI") (collectively "Sensitive Personal Information" or "SPI") of Plaintiff and Class Members, including, but not limited to their" full names; dates of birth; Social Security Numbers; health insurance providers; patient treatment codes; treatment locations; and treatment payment history. As Defendant is or should have been aware, this type of personal and sensitive data is highly targeted by hackers who seek to exploit that data for nefarious purposes. In the wrong hands, these types of sensitive data may be wielded to cause significant harm to the Class Members. Indeed, the harm resulting from a data and privacy breach manifests in a number of ways, including identity theft and financial fraud, and the exposure of a person's PII or PHI through a data breach ensures that such person will be at a substantially increased and certainly impending risk of identity theft crimes compared to the rest of the population, potentially for the rest of their lives. Mitigating that risk--to the extent it is even possible to do so--equires individuals to devote significant time and money to closely monitor their credit, financial accounts, health records, and email accounts, and take a number of additional prophylactic measures. The Defendant touts that it is a professional capable of and committed to safeguarding its clients' data and the individuals' information contained in that data. In reality, Defendant's pronouncements as being a capable data custodian proved false. Contrary to their many representations and promises, Defendant utilized inadequate data security measures it knew, or should have known, put the highly sensitive data they oversaw at significant risk of theft by or exposure to nefarious parties. The Plaintiff and the Class Members remain at a continued risk of harm due to the exposure and potential misuse of their sensitive personal information by criminal hackers. As such, Plaintiff brings this Complaint on behalf of persons whose SPI was stolen during the Data Breach. The Plaintiff asserts claims for negligence, unjust enrichment and for declaratory and injunctive relief, says the complaint. The Plaintiff received notice via mail that his personal information was stolen during the Data Breach. The Defendant RGS is a company that provides outsourced customer service and debt collection to a range of entities nationwide, including healthcare providers.[BN] The Plaintiff is represented by: Brian C. Gudmundson, Esq. Michael J. Laird, Esq. Rachel K. Tack, Esq. ZIMMERMAN REED LLP 1100 IDS Center 80 South 8th Street Minneapolis, MN 55402 Phone: (612) 341-0400 Facsimile: (612) 341-0844 Email: brian.gudmundson@zimmreed.com michael.laird@zimmreed.com rachel.tack@zimmreed.com - and - Gary F. Lynch, Esq. Nicholas A. Colella, Esq. Patrick D. Donathen, Esq. LYNCH CARPENTER LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Email: gary@lcllp.com nickc@lcllp.com patrick@lcllp.com RAI MEDIA: Fails to Pay Minimum Wages, Weatherspoon Claims ---------------------------------------------------------- PHILIP WEATHERSPOON, v. RAI MEDIA, INC., Case No. 1:23-cv-14866 (N.D. Ill., Oct. 13, 2023) is a class action arising from the Defendant's failure and refusal to pay at a rate of regular pay for all hours worked to the Plaintiff and other similarly situated persons, pursuant to the Fair Labor Standards Act. The Plaintiff routinely worked 40 hours or more in a work week. In most if not all work-weeks, the Plaintiff was not paid his agreed upon rate of $15.80 an hour for all hours worked. Even when Plaintiff has worked over 40 hours per week, the Defendant has refused to pay the Plaintiff for more than 40 hours of work performed per week. During the course of their employment by the Defendant, the Plaintiff and all other similarly situated employees were not exempt from the minimum wage provisions of the FLSA, says the suit. The Plaintiff was employed by Defendant as a non-exempt employee on December 5, 2022. The Plaintiff's job duties included initiating calls with delinquent customers by phone, mail, etc.; updating and maintaining accurate financial records; and follows delinquent accounts. RAI is a digital advertising and marketing firm specializing in streaming audio, digital display banners, video ads, and social media marketing.[BN] The Plaintiff is represented by: Alexander J. Taylor, Esq. SULAIMAN LAW GROUP, LTD 2500 South Highland Avenue, Suite 200 Lombard, IL 60148 Telephone: (331) 272-1942 Facsimile: (630) 575-8188 E-mail: ataylor@sulaimanlaw.com RALEX SERVICES: Go Sues Over Forced Labor and Contract Breach ------------------------------------------------------------- DANA FAYE C. GO, on behalf of herself and all others similarly situated, Plaintiff v. RALEX SERVICES, INC., doing business as GLEN ISLAND CENTER FOR NURSING AND REHABILITATION, and LEAH FRIEDMAN, Defendant, Case No. 7:23-cv-09007 (S.D.N.Y., Oct. 12, 2023) seeks damages and injunctive relief for Defendants' violations of the Trafficking Victims Protection Act and the New York Labor Law, for breach of the parties' employment contract, and for a declaratory judgment that a $25,000 "pay back" indenture is unenforceable under the TVPA, the 13th Amendment to the United States Constitution, New York Statutory and common law. This action arises out of Defendants' recruitment, provision and/or obtaining of Plaintiff's labor or services through the use of fraud and the threat of serious harm that resulted in the forced labor and wage exploitation of the Plaintiff by Defendants, who are foreign labor recruiters that hired more than 40 registered nurses from the Philippines to work for them under contracts of indentured servitude. The Plaintiff was forced under the circumstances to continue working for Defendants despite her complaints of not being paid for all of her hours of work because of Defendants' threats to have her pay the $25,000 indenture, says the suit. Ralex Services, Inc. maintains a healthcare facility located at 490 Pelham Road, New Rochelle, NY. [BN] The Plaintiff is represented by: Felix Q. Vinlua, Esq. LAW OFFICE OF FELIX VINLUAN 6910 Roosevelt Avenue, 2nd Floor Woodside, NY 11377 Telephone: (718) 478-4488 E-mail: fqvinluan@yahoo.com - and - Jude T. Palces, Esq. JUDE TADEO PALCES LAW 535 Lakeville Road New Hyde Park, NY 11040 Telephone: (917) 816-0482 E-mail: jtpalces@gmail.com REDWIRE CORP: Lemen Securities Suit Ongoing ------------------------------------------- Redwire Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that litigation captioned "Lemen v. Redwire Corp. et al.," Case No. 3:21-cv-01254-TJC-PDB (December 17, 2021, M.D. Fla.) against the company, its CEO, Peter Cannito, and former CFO, William Read is currently ongoing. On March 7, 2022, the court appointed a lead plaintiff, who on June 17, 2022, filed an amended complaint. In the amended complaint, the lead plaintiff alleged that the company and certain of its directors and officers made misleading statements and/or failed to disclose material facts about the company's business, operations, and prospects, allegedly in violation of Section 10(b) (and Rule 10b-5 promulgated thereunder) and Section 20(a) of the Exchange Act. As relief, the plaintiffs are seeking, among other things, compensatory damages. On August 16, 2022, the defendants moved to dismiss the complaint in its entirety, and such motion was denied by the Court on March 22, 2023. Redwire Corporation develops and manufactures mission critical space solutions and high reliability components for the next generation space economy, with valuable intellectual property for solar power generation, in-space 3D printing and manufacturing, avionics, critical components, sensors, digital engineering and space-based biotechnology. ROBERT BOUGHNER: Faces MBPFFP Suit in Delaware ---------------------------------------------- Southwest Gas Holdings disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that its chairman, Robert Boughner, is facing a putative class action lawsuit in the Court of Chancery for the State of Delaware on behalf of a putative class of persons who purchased the company's stock. In November 2021, the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach commenced action captioned "City Pension Fund for Firefighters and Police Officers in the City of Miami Beach v. Robert L. Boughner, et al.," C.A. No. 2021-0990-KSJM (Del. Ch.) and named the company and the individual members of the Board as defendants. The complaint asserted breach of fiduciary duty claims, alleging that the company board's recommendation that stockholders reject the offer of Carl C. Icahn, a significant stockholder, to purchase shares of the company's common stock omitted material information about the company's financial analysis and sought to have the Board approve Icahn's slate of nominees as "continuing directors" under certain of the company's debt instruments. The City Pension Fund filed a notice of judgment in April 2022, and on August 2, 2023, the Delaware Court of Chancery dismissed the lawsuit without prejudice, based on a stipulation among the parties. Southwest Gas Holdings, Inc., together with its subsidiaries, is a holding company, owning all of the shares of common stock of Southwest Gas Corporation, all of the shares of common stock of Centuri Group, Inc. and until February 14, 2023, all of the shares of common stock of MountainWest Pipelines Holding Company. Southwest is engaged in the business of purchasing, distributing, and transporting natural gas for customers in portions of Arizona, Nevada, and California. ROCKET COMPANIES: Class Cert. Opposition Adjourned to Dec. 8 ------------------------------------------------------------ In the class action lawsuit captioned as CARL SHUPE, et al., v. ROCKET COMPANIES, INC., et al., Case No. 1:21-cv-11528-TLL-APP (E.D. Mich.), the Hon. Judge Thomas L. Ludington entered an order granting stipulation to adjourn scheduling order as follows: Settlement Conference November 21, 2023 Class Certification Opposition & December 8, 2023 Defendants' Class Certification Expert Reports Class Certification Reply January 26, 2024 Class Certification Sur-Reply February 16, 2024 Class Certification Hearing March 6, 2024 Deadline for Service of January 5, 2024 Interrogatories & Requests for Admission Fact Discovery Cutoff January 26, 2024 Submission of Opening Expert Reports February 9, 2024 for Expert Witnesses to Be Called in Party's Case-in-Chief Expert Rebuttal Reports March 15, 2024 Expert Depositions April 15, 2024 Summary Judgment and Daubert Motions May 3, 2024 A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3rSEAvR at no extra charge.[CC] The Plaintiffs are represented by: Carol C. Villegas, Esq. David Saldamando, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: cvillegas@labaton.com dsaldamando@labaton.com - and - Shannon Hopkins, Esq. LEVI & KORSINSKY LLP 1111 Summer Street, Suite 403 Stamford, CT 06905 Telephone: (203) 992-4523 E-mail: shopkins@zlk.com - and - James Allen, Esq. SCHENK & BRUETSCH PLC 211 West Fort Street, Suite 1410 Detroit, MI 48226 Telephone: (313) 774-1000 E-mail: james.allen@sbdetroit.com The Defendants are represented by: Jeffrey B. Morganroth, Esq. MORGANROTH & MORGANROTH, PLLC 344 North Old Woodward Avenue, Suite 200 Birmingham, MI 48009 Telephone: (248) 864-4000 Facsimile: (248) 864-4001 E-mail: jmorganroth@morganrothlaw.com - and - Sharon L. Nelles, Esq. Jeffrey T. Scott, Esq. Julia A. Malkina, Esq. SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004 Telephone: (212) 558-4000 Facsimile: (212) 588-3588 E-mail: nelless@sullcrom.com scottj@sullcrom.com malkinaj@sullcrom.com - and - Nick Gorga, Esq. Jeremy D. Lockhart, Esq. Carsten A. Parmenter, Esq. HONIGMAN LLP 660 Woodward Avenue 2290 First National Building Detroit, MI 48226 Telephone: (313) 465-7000 E-mail: ngorga@honigman.com jlockhart@honigman.com cparmenter@honigman.com - and - Deborah S. Birnbach, Esq. Adam Slutsky, Esq. Kate Macleman, Esq. GOODWIN PROCTER LLP 100 Northern Avenue Boston, MA 02210 Telephone: (617) 570-1000 E-mail: dbirnbach@goodwinlaw.com aslutsky@goodwinlaw.com kmacleman@goodwinlaw.com S & A STORES: Fails to Pay Proper Wages, Kumar Suit Alleges ----------------------------------------------------------- Ashutosh Kumar, individually, and on behalf of all others similarly situated, Plaintiff v. S & A STORES INC, Ronald Ades individually, Morris Ades individually, Louis Ades (dec., his heirs and assigns) individually, Isaac Kairey, individually, and Nadeem Choudhury individually, Defendants, Case No. 1:23-cv-08871 (S.D.N.Y., Oct. 10, 2023) seeks payment of wages, including unpaid minimum wage and overtime which are due to Plaintiff and other similarly situated workers under the Fair Labor Standards Act, the New York Labor Law, the Wage Theft Prevention Act, split shift and spread of hours laws. Plaintiff Kumar worked for Defendants' company known as S & A STORES INC as a "stock boy" performing as a security guard and shelf stocker at various sites throughout New York state, including New York City and Westchester County, and in New Jersey in Passaic County from in or around September 2017 through September 2022. During his employment, Kumar was paid a fixed salary for all hours worked, despite his duties meeting no federal or state exemption. In addition, his regular schedule was always over 50 hours per week, but the Defendants failed to pay any overtime premiums or minimum wage for all hours due and owing, the Plaintiff alleges. S & A Stores Inc. is a domestic corporation that operates retail packaged food stores in New York and New Jersey. [BN] The Plaintiff is represented by: Geoffrey A. Kalender, Esq. John C. Luke, Jr., Esq. 488 Madison Ave, 21st Floor New York, NY 10020 Telephone: (212) 922-0906 SAFEWAY INSURANCE: Fails to Pay Proper Wages, Apieczonek Says ------------------------------------------------------------- RUFINA APIECZONEK, individually and on behalf of all similarly situated, Plaintiff v. SAFEWAY INSURANCE COMPANY, Defendant, Case No. 1:23-cv-14862 (N.D. Ill., Oct. 13, 2023) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiff Apieczonek was employed by the Defendant as a customer service representative. SAFEWAY INSURANCE COMPANY operates as an insurance company. The Company's line of business include auto, renters, home, mobile home and condo insurance. [BN] The Plaintiff is represented by: Peter J. Flowers, Esq. Frank V. Cesarone, Esq. MEYERS & FLOWERS, LLC 3N Second Street, Suite 300 St. Charles, IL 60174 Telephone: (630) 232-6333 Facsimile: (630) 845-8982 Email: pjf@meyers-flowers.com fvc@meyers-flowers.com -and- Jacob R. Rusch, Esq. Zackary S. Kaylor, Esq. JOHNSON BECKER, PLLC 444 Cedar Street, Suite 1800 Saint Paul, MN 55101 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 Email: jrusch@johnsonbecker.com zkaylor@johnsonbecker.com SAKE CLUB INC: Clement Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against The Sake Club, Inc. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. The Sake Club, Inc., Case No. 1:23-cv-07665 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Sake Club, Inc. doing business as Sakagura -- https://sakagura.square.site/ -- is a Japanese restaurant offering Japanese small plates & a deep sake list in a blond-wood izakaya hidden beneath an office building.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com SAZERAC COMPANY: Puig Sues Over Misleading Product Labels --------------------------------------------------------- Victor Puig, individually and on behalf of all others similarly situated, Plaintiff v. Sazerac Company, Inc., Defendant, Case No. 2:23-cv-00856 (M.D. Fla., Oct. 9, 2023) alleges claims against the Defendant for false and misleading advertising, fraud, unjust enrichment, and for violations of the Florida's Deceptive and Unfair Trade Practices Act in connection with the misleading representations of malt beverage products from Hobble Creek, Stroyski, and Flash Point. The Plaintiff claims that the Defendant was and continues to be fraudulent because it has the effect of deceiving consumers into believing that the products are whisky when they are actually a flavored malt beverage. With a principal place of business in Kentucky, Sazerac Company, Inc. is a New Orleans corporation that manufactures and markets alcoholic beverages, including Cinnamon Whisky and Fireball Cinnamon. [BN] The Plaintiff is represented by: William Wright, Esq. THE WRIGHT LAW OFFICE 515 N. Flagler Drive, Suite P-300 West Palm Beach, FL 33410 Telephone: (561) 514-0904 E-mail: willwright@wrightlawoffice.com SCOUT & NIMBLE: Slade Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Scout & Nimble, LLC. The case is styled as Linda Slade, individually and as the representative of a class of similarly situated persons v. Scout & Nimble, LLC, Case No. 1:23-cv-09024 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Scout & Nimble -- https://www.scoutandnimble.com/ -- offers designer-curated furniture, home decor, rugs for every style.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com SECRIST MARKETING: Fails to Pay Proper Wages, Goudelias Suit Says ----------------------------------------------------------------- ELENA GOUDELIAS individually and on behalf of others similarly situated, Plaintiff v. SECRIST MARKETING STRATEGIES, LLC, d/b/a BKA CONTENT, PHIL SECRIST, and CARA SECRIST, Defendants, Case No. 1:2023cv08928 (S.D.N.Y., Oct. 11, 2023) seeks all available relief under the New York Labor Law. Plaintiff Goudelias is an individual currently residing in New York, NY. She was employed by Defendant as a Content Writer and worked in the state of New York from on or about March 2019 through approximately March 2020. Moreover, the Defendants have acted willfully and with reckless disregard of clearly applicable NYLL provisions by failing to compensate Content Writers and Editors with minimum wages and overtime premium pay of 150% of their regular rates of pay for overtime hours worked, as required by the NYLL. BKA is a Utah limited liability company headquartered in North Ogden, UT, and operating nationwide. The company is an online content production and marketing company. [BN] The Plaintiff is represented by: James E. Goodley, Esq. Ryan P. McCarthy, Esq. GOODLEY MCCARTHY LLC 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 394-0541 E-mail: james@gmlaborlaw.com ryan@gmlaborlaw.com SHARKNINJA OPERATING: Brown Files Suit in D. New Jersey ------------------------------------------------------- A class action lawsuit has been filed against Sharkninja Operating LLC. The case is styled as Patricia Brown, on behalf of herself and all others similarly situated v. Sharkninja Operating LLC, Case No. 3:23-cv-21135-MAS-DEA (D.N.J., Oct. 13, 2023). The nature of suit is stated as Other Fraud. SharkNinja -- https://www.sharkninja.com/ -- is a global product design and technology company based in Needham, Massachusetts.[BN] The Plaintiff is represented by: Steven R. Schoenfeld, Esq. DENLEA & CARTON LLP 2 Westchester Park Drive, Suite 410 White Plains, NY 10604 Phone: (914) 331-0100 Fax: (914) 331-0105 Email: sschoenfeld@denleacarton.com SHIFT4 PAYMENTS: Baer Sues Over Alleged Drop in Share Price ----------------------------------------------------------- ROBERT BAER, individually and on behalf of all others similarly situated, Plaintiff v. SHIFT4 PAYMENTS, INC.; JARED ISAACMAN; NANCY DISMAN; and BRADLEY HERRING, Defendants, Case No. 5:23-cv-03969 (E.D. Pa., Oct. 13, 2023) is a class action on behalf of a class consisting of all persons and entities other than Defendants that purchased or otherwise acquired Shift4 securities between June 5, 2020 and April 18, 2023, both dates inclusive, seeking to recover damages caused by the Defendants' violations of the federal securities laws and to pursue remedies under the Securities Exchange Act of 1934. The Plaintiff alleges in the complaint that throughout the Class Period, the Defendants made materially false and misleading statements regarding the Company's business, operations, and compliance policies. Specifically, the Defendants made false and/or misleading statements and/or failed to disclose that: (i) Shift4 had inadequate disclosure controls and procedures and internal control over financial reporting; (ii) as a result, Shift4 failed to properly account for customer acquisition costs, thereby artificially inflating its net cash provided by operating activities; (iii) accordingly, Shift4 would likely be forced to restate one or more of its previously issued financial statements; (iv) Shift4 employed accounting maneuvers in connection with, among other things, its mass strategic buyout program and sponsor bank merchant settlement account, that were designed to present an inaccurate picture of, inter alia, the Company's performance, its underlying business quality, and its earnings power; (v) all the foregoing, once revealed, was likely to negatively impact Shift4's reputation and business; and (vi) as a result, the Company's public statements were materially false and misleading at all relevant times, says the suit. Shift4's stock price fell $5.95 per share, or 8.68%, to close at $62.59 per share on April 19, 2023. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, Plaintiff and other Class members have suffered significant losses and damages, the suit asserts. SHIFT4 PAYMENTS, INC. provides payment processing solutions. The Company offers software for transaction and money transfer activities. [BN] The Plaintiff is represented by: Emily C. Finestone, Esq. Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (917) 463-1044 Email: efinestone@pomlaw.com jalieberman@pomlaw.com ahood@pomlaw.com - and - Brian Schall, Esq. THE SCHALL LAW FIRM 2049 Century Park East, Suite 2460 Los Angeles, CA 90067 Telephone: (424) 303-1964 Email: brian@schallfirm.com SIEMENS MOBILITY: McIntyre Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Siemens Mobility, Inc., et al. The case is styled as Alan Blaine McIntyre, Jr., on behalf of himself and others similarly situated v. Siemens Mobility, Inc., et al., Case No. 23CV009953 (Cal. Super. Ct., Sacramento Cty., Oct. 13, 2023). Siemens Mobility -- https://www.mobility.siemens.com/global/en.html -- is a leading provider of sustainable and efficient transport solutions.[BN] SLING TV: Discloses Personal Info to FB, Antoine Class Suit Alleges ------------------------------------------------------------------- DARNEL ANTOINE, individually and on behalf of all others similarly situated v. SLING TV, LLC, Case No. 2:23-cv-00888 (M.D. Fla., Oct. 13, 2023) alleges that the Defendant knowingly discloses to Facebook the Plaintiff's and the Class Members' video viewing history without providing any notification to the Plaintiff and the Class Members, and without the Plaintiff's and the Class Members' informed, written consent, in violation of the Video Privacy Protection Act. The Defendant allegedly embedded within its website a "Meta Pixel" that was provided to the Defendant by Facebook. That pixel tracked the Plaintiff's and the Class Members' video viewing history while on the Defendant's website and reported the viewing history to Facebook along with the Plaintiff's and the Class Members' unique Facebook Identification numbers. Specifically, the Defendant disclosed to Facebook the following information related to the Plaintiff and the Class Members: whether a video was requested and/or viewed on the Defendant's website; the specific video name that was requested and/or viewed; the fact that a specific video was requested and/or viewed; the URL associated with the video, and the digital subscriber’s FID to Facebook, all in a single data transmission. The Defendant's unlawful conduct caused the Plaintiff and the Class members concrete harm and injuries, including violations of their substantive legal privacy rights under the VPPA and invasion of their privacy, the lawsuit says. The Plaintiff seeks actual damages but not less than liquidated damages in an amount of $2,500 for each and every violation of the VPPA committed by the Defendant, punitive damages, reasonable attorneys' fees and other litigation costs reasonably incurred, and any other available preliminary or equitable relief deemed appropriate by this Court. The Plaintiff became a digital subscriber by registering for an account with the Defendant and providing personal identifying information at the time of registration. The Defendant operates a website (www.sling.com) that offers both prerecorded and live-stream videos to individuals who subscribe to Defendant's services.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Ft. Lauderdale, FL 33301 - and - Manuel Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Blvd., Suite 1400 Fort Lauderdale, FL 33301 Telephone: (305) 336-7466 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW. P.A. 515 E las Olas Blvd. Ste 120, Fort Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com SOBER LIVING: Fails to Pay Overtime Wages, Davenport Suit Claims ---------------------------------------------------------------- CHARLES DAVENPORT, individually and on behalf of all others similarly situated, Plaintiff v. SOBER LIVING AMERICA, INC, Defendant, Case No. 1:23-cv-04652 (N.D. Ga., Oct. 12, 2023) challenges Sober Living's violations of the Fair Labor Standards Act. The Plaintiff and putative Collective members work a minimum of nine to ten hours per shift, seven times a week. However, they are not paid for any additional time worked over their allotted time per the Employment Acknowledgment form, nor are employees paid overtime wages for any hours worked past 40-hours per week. Additionally, they are not allowed to obtain a second form of employment due to the Defendant's 24/7 on-call requirement and their on-call time also goes unpaid by the Defendant. Accordingly, Plaintiff seeks reasonable attorneys' fees and costs under the FLSA. Sober Living America operates group home facilities in several states across the United States, including Georgia, Alabama, Florida, Indiana, Kentucky, Mississippi, North Carolina, South Carolina, Texas, and Virginia. [BN] The Plaintiff is represented by: Justin M. Scott, Esq. RADFORD SCOTT LLP 160 Clairemont Avenue, Suite 610 Decatur, GA 30030 Telephone: (678) 780-4880 Facsimile: (478) 575-2590 E-mail: jscott@radfordscott.com - and - Carolyn H. Cottrell, Esq. David C. Leimbach, Esq. Robert E. Morelli, III, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 2000 Powell Street. Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: ccottrell@schneiderwallace.com dleimbach@schneiderwallace.com rmorelli@schneiderwallace.com SOUTHERN ILLINOIS: Patrick Suit Removed to N.D. Illinois -------------------------------------------------------- The case styled as Bridget Patrick, individually and on behalf of herself and all others similarly situated v. Southern Illinois Health Care Foundation, Inc. d/b/a SIHF Healthcare, Case No. 2023CH07704 was removed from the Circuit Court of Cook County, Illinois, to the U.S. District Court for the Northern District of Illinois on Oct. 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-14947 to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Southern Illinois Health Care Foundation, Inc. doing business as SIHF Healthcare -- https://www.sihf.org/ -- operates a network of more than 30 health centers across 11 Illinois counties with more than 160 medical providers who deliver comprehensive health care services.[BN] The Plaintiff appears pro se. The Defendant is represented by: Thomas Alexander Lidbury, Esq. OGLETREE DEAKINS 155 N. Wacker Drive, Ste. 4300 Chicago, IL 60606 Phone: (312) 213-8706 Email: thomas.lidbury@ogletree.com SPERO THERAPEUTICS: Marti et al. Sue Over Breach of Fiduciary Duty ------------------------------------------------------------------ GUILLERMO MARTI and FELICIA MARTI JT TEN, derivatively on behalf of SPERO THERAPEUTICS, INC., Plaintiff v. ANKIT MAHADEVIA, SATYAVRAT SHUKLA, MILIND DESHPANDE, JEANFRANÇOIS FORMELA, SCOTT JACKSON, JOHN C. POTTAGE, JR., CYNTHIA SMITH, FRANK E. THOMAS, and PATRICK VINK, Defendants, and SPERO THERAPEUTICS, INC., Nominal Defendant, Case No. 1:23-cv-01133-UNA (D. Del., Oct. 11, 2023) seeks to remedy wrongdoing committed by Spero’s directors and officers from September 8, 2020 through May 3, 2022 for breaches of their fiduciary duties, unjust enrichment, gross mismanagement, abuse of control, waste of corporate assets, violations of Section 14(a) of the Securities Exchange Act of 1934. Throughout the Relevant Period, the investing public was under a false impression of the Company's business, operations, financial success, and growth. Among other things, Plaintiffs allege that the individual defendants willfully or recklessly made and/or caused the Company to make false and misleading statements to the investing public that failed to disclose that: (1) the ADAPT-PO Trial lacked a sufficiently evaluable patient population to make FDA approval viable. A Delaware corporation based in Cambridge, MA, Spero describes itself as a multi-asset, clinical-stage, biopharmaceutical company focused on identifying, developing and commercializing novel treatments for bacterial infections, including multi-drug resistant bacterial infections, and rare diseases. [BN] The Plaintiff is represented by: Brian E. Farnan, Esq. Michael J. Farnan, Esq. 919 N. Market St., 12th Floor Wilmington, DE 19801 Telephone: (302) 777-0300 Facsimile: (302) 777-0301 E-mail: bfarnan@farnanlaw.com mfarnan@farnanlaw.com - and - Timothy Brown, Esq. THE BROWN LAW FIRM, P.C. 767 Third Avenue, Suite 2501 New York, NY 10017 Telephone: (516) 922-5427 Facsimile: (516) 344-6204 E-mail: tbrown@thebrownlawfirm.net - and - Peretz Bronstein, Esq. Eitan Kimelman, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 Facsimile: (212) 697-7296 E-mail: peretz@bgandg.com eitank@bgandg.com SUNLIGHT FINANCIAL: Faces McCants Securities Suit Over Omissions ---------------------------------------------------------------- Sunlight Financial Holdings Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on July 11, 2023, Timothy McCants, Laurentiu Ovidiu Cernahosci, and Thomas Joseph filed a putative class action in the Court of Chancery of the State of Delaware against Geoffrey Strong, Olivia Wassenaar, Wilson Handler, Christine Hommes, Joseph Romeo, Jan Wilson, John Stice, Brad Bernstein, Matthew Potere, Barry Edinburg, Emil Henry Jr., Spartan Acquisition Sponsor II LLC, Apollo Global Management, Inc., AP Spartan Energy Holdings II, L.P, FTV-Sunlight, Inc., and Tiger-Co-Invest B Sunlight Blocker, LLC. The lawsuit alleges that certain defendants breached their fiduciary duty to shareholders of Spartan Acquisition Sponsor II LLC (the predecessor to Sunlight Financial Holdings Inc.) and were unjustly enriched as a result. Specifically, the lawsuit alleges that Plaintiffs were misled as to the existence of supply chain and labor shortage issues in the solar industry prior to the July 9, 2021 de-SPAC transaction that resulted in Sunlight becoming a public company. Sunlight Financial Holdings Inc. is a technology-enabled point-of-sale finance company that uses a nationwide network of contractors at the point-of-sale, to offer homeowners secured and unsecured loans, originated by third-party lenders, for the purchase and installation of residential solar energy systems and other home improvements. SUNLIGHT FINANCIAL: Faces Mumpower Suit in North Carolina --------------------------------------------------------- Sunlight Financial Holdings Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on March 10, 2023, a group of plaintiffs, including Claude Mumpower, among others, filed a putative class action lawsuit in the United States Bankruptcy Court for the Western District of North Carolina (Adversary Proceeding No. 23-03005) against Power Home Solar LLC, Jayson Waller, Sunlight Financial LLC, Dividend Solar Finance LLC, Goodleap LLC, Solar Mosaic Inc., CRB, Technology Credit Union, Digital Federal Credit Union, Digital Federal Credit Union, Addition Federal Credit Union, SLST Underlying Trust 2020-1, and Does 1-10. The plaintiffs filed an amended complaint on May 3, 2023. The lawsuit alleges that sales representatives of Power Home Solar LLC made materially false and/or misleading statements to consumers about the efficiency, effectiveness, benefits, and costs of the solar panel systems being sold by Power Home Solar LLC, and misled consumers about the availability of federal solar tax incentives. The lawsuit seeks to hold the defendants involved in financing consumers' purchases of solar panel systems, including but not limited to Sunlight, liable for these alleged misrepresentations. The lawsuit seeks injunctive relief, rescission, compensatory damages, treble damages, statutory damages, punitive damages, and the recovery of attorneys' fees. Sunlight Financial Holdings Inc. is a technology-enabled point-of-sale finance company that uses a nationwide network of contractors at the point-of-sale, to offer homeowners secured and unsecured loans, originated by third-party lenders, for the purchase and installation of residential solar energy systems and other home improvements. TASKUS INC: Court Stays Forsberg Suit After Dismissal Bid --------------------------------------------------------- TaskUs, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that a purported class action lawsuit captioned "Gregory Forsberg, Christopher Gunter, Samuel Kissinger, and Scott Sipprell vs. TaskUs, Inc. and Shopify, Inc., Shopify Holdings (USA), Inc., Shopify (USA) Inc.," Case No. 1:22-cv-00436-UNA, filed in the United States District Court for the District of Delaware on April 1, 2022 is currently stayed after the company filed a motion to dismiss on April 8, 2022. Complaint alleges the named defendants failed to exercise reasonable care in securing and safeguarding consumer information in connection with a 2020 data breach impacting cryptocurrency hardware wallets, resulting in the unauthorized public release of approximately 272,000 pieces of detailed personally identifiable information, including plaintiffs' and class members' full names, email addresses, postal addresses, and telephone numbers. The four named plaintiffs allege aggregate losses of approximately $140,000, and allege that the damages exceed $5 million for purposes of class action jurisdiction. TaskUs, Inc. is a provider of outsourced digital services using an omni-channel delivery model is focused on providing three key services: Digital Customer Experience, Trust and Safety and Artificial Intelligence Services. TASKUS INC: Lozada Shareholder Suit Over SEC Filings Ongoing ------------------------------------------------------------ TaskUs Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that a purported class action lawsuit captioned "Lozada v. TaskUs, Inc. et al.," No. 22-cv-1479-JPC, filed in the United States District Court for the Southern District of New York against the company, its Chief Executive Officer, President, and Chief Financial Officer on February 23, 2022, is currently ongoing. The complaint alleges that the registration statement filed in connection with its IPO and the second and third quarter 2021 earnings calls contained materially false and misleading information in violation of the federal securities laws. On October 20, 2022, the court entered an order appointing Humberto Lozada as lead plaintiff in the lawsuit. On December 16, 2022, lead plaintiff filed an amended complaint, alleging additional misstatements in certain of the company's 2021 earnings releases filed on Form 8-K and at an investor conference, and asserting additional securities claims, including against members of TaskUs's board of directors as well as BCP FC Aggregator L.P. The complaint seeks unspecified damages and an award of costs and expenses, including reasonable attorneys' fees, as well as equitable relief. TaskUs, Inc. is a provider of outsourced digital services using an omni-channel delivery model is focused on providing three key services: Digital Customer Experience, Trust and Safety and Artificial Intelligence Services. TASKUS INC: MCS Suit Stayed After Dismissal Bid ----------------------------------------------- TaskUs, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that a purported class action lawsuit captioned "My Choice Software, LLC vs. TaskUs, Inc., Tassilo Heinrich, Shopify, Inc., Shopify Holdings (USA) Inc., Shopify (USA) Inc., Does 1-50, No. 22-cv-1710 filed in the United States District Court, Central District of California on September 16, 2022, was stayed after the court issued an order dismissing certain parties, staying the case as to the company and denying as moot the Company's previously filed motion to dismiss. Complaint alleges the defendants profited off of the plaintiff's information. The complaint seeks unspecified damages and an award of costs and expenses, including reasonable attorneys' fees, as well as equitable and injunctive relief. On February 13, 2023, the company filed a motion to dismiss the amended complaint. TaskUs, Inc. is a provider of outsourced digital services using an omni-channel delivery model is focused on providing three key services: Digital Customer Experience, Trust and Safety and Artificial Intelligence Services. TCOM LP: Fails to Pay Overtime Wages, Littares Suit Claims ---------------------------------------------------------- CHRISTOPHER LITTARES, individually, and on behalf of all others similarly situated v. TCOM, L.P., Defendant, Case No. 4:23-cv-00161-FL (E.D.N.C., Oct. 10, 2023) alleges violations of the overtime provisions of the Fair Labor Standards Act. The Plaintiff was employed by Defendant as a Field Service Representative from approximately December 2022 to June 2023. During their training periods, Field Operations and Support employees, including Plaintiff, receive education regarding their duties, the tools and systems used to perform those duties, and specific education related to various technology to be used. They work in excess of 40 during a workweek during the said periods but they do not receive overtime compensation for the hours worked over 40. In addition, the Defendant willfully misclassifies FOS employees as exempt from overtime pay during their training period, despite knowing that their primary job duties do/did not fall within any of the FLSA's exemptions to the statute's overtime pay requirements, says the Plaintiff. With a principal place of business located in Elizabeth City, NC, TCOM, LP is a limited partnership that manufactures aerial surveillance equipment. [BN] The Plaintiff is represented by: Brian L. Kinsley, Esq. CR LEGAL TEAM, LLP 2400 Freeman Mill Road Greensboro, NC 27406 Telephone: (800) 288-1529 E-mail: BLKinsley@crumleyroberts.com - and - Edmund C. Celiesius, Esq. BROWN, LLC 111 Town Square Place, Suite 400 Jersey City, NJ 07310 Telephone: (877) 561-0000 Facsimile: (855) 582-5279 E-mail: ed.celiesius@jtblawgroup.com TELOS CORP: Court Dismisses Consolidated Class Action ----------------------------------------------------- Telos Corporation disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that after a hearing held on June 21, 2023, the United States District Court for the Eastern District of Virginia dismissed a consolidated amended class action complaint with prejudice. No appeal from the order of dismissal was taken, and it is final. On February 7, 2022, Telos and certain of its current and former officers were named as defendants in a lawsuit filed in said court. In the complaint, the plaintiffs, who purport to represent a class of purchasers of Telos common stock between November 19, 2020, and March 16, 2022, allege that the defendants violated securities laws by failing to disclose delays relating to the launch of certain contracts between Telos and the Transportation Security Administration (TSA) and the Centers for Medicare and Medicaid Services and to take into account those delays when providing a financial forecast for the company's 2021 performance. On June 15, 2022, the plaintiffs filed a consolidated complaint which added claims (i) concerning Telos' disclosure of revenue projections for these contracts, (ii) against the directors of Telos at the time of its initial public offering, and (iii) pursuant to Sections 11 and 15 of the Securities Act of 1933. On February 1, 2023, the court dismissed the lawsuit in its entirety for failure to state a claim. The court's order of dismissal provided the plaintiffs the opportunity to file a motion for leave to file an amended complaint, should they have a good faith basis to do so. On March 13, 2023, the court granted the parties' consent motion permitting the filing of a consolidated amended class action complaint and establishing a briefing schedule for Telos' motion to dismiss that amended complaint. On April 14, 2023, Telos moved to dismiss the consolidated amended class action complaint. Telos Corporation, together with its subsidiaries, is a provider of cyber, cloud and enterprise security solutions for organizations. TENNESSEE: Brown Seeks to Certify Class Action ---------------------------------------------- In the class action lawsuit captioned as Brown v. Tennessee Department of Correction, et al., Case No. 3:23-cv-00880 (M.D. Tenn.), the Plaintiff asks the Court to enter an order certifying class action. A copy of the Plaintiff's motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3M7oa9Q at no extra charge. The Plaintiff appears pro se.[CC] TRANSYSTEMS CORP: Heras Sues Over Labor Code Breaches ----------------------------------------------------- STEPHANIE HERAS, individually and on behalf of all other Aggrieved Employees, Plaintiff v. TRANSYSTEMS CORPORATION, a Missouri Stock Corporation, OVERLAND, PACIFIC & CUTLER, LLC, a Delaware Limited Liability Company, and DOES 1 through 50, inclusive, Defendants, Case No. 23LBCV01 958 (Cal. Super., Los Angeles Cty., Oct. 12, 2023) seeks to recover reasonable attorneys' fees and costs pursuant to the California Labor Code. Plaintiff Heras has been employed by the Defendants since on or about August 15, 2022. Throughout her employment, Plaintiff was, among other things, not paid overtime and double time in violation of Labor Code sections 510 and the applicable Wage Orders. In addition, she was not provided with rest and meal periods, and reimbursed with necessary, business-related expenses, the Plaintiff asserts. Transystems Corporation operates as planners and designers of transportation networks and infrastructure. [BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq., Diana Zadykyan, Esq., HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Telephone: (818) 696-2306 Facsimile: (818) 696-2307 E-mail: haig@hbklawyers.com diana@hbklawyers.com U.S. NURSING: Greene et al. Sue Over Labor Code Violations ---------------------------------------------------------- JERNERICA GREENE, TROY FAIBVRE, MAYADA HAMODA, on behalf of themselves and others similarly situated, Plaintiffs v. U.S. NURSING CORPORATION; and DOES 1-20, inclusive Defendants, Case No. 37-2023-00044348-CU-OE-CTL (Cal. Super., San Diego Cty., Oct. 12, 2023) challenges Defendants' past and ongoing unlawful employment practices that violated and continue to violate the California Labor Code, the applicable California Industrial Welfare Commission Wage Orders, and the California Business & Professions Code. During the relevant period, the Defendants have not paid some of the Strikebreakers, including Plaintiffs, for all hours worked, including time spent on modules, onsite induction and orientation, and work performed at their assigned facilities. Additionally, Defendants have failed to pay some of the Strikebreakers, including Plaintiffs, for their work-required commute time, and associated wait time, including, but not limited to, commuting between cities, between hotels, and between worksites and hotels, which the affected Strikebreakers were direct to do by Defendants, the suit alleges. U.S. Nursing is a strike nurse employment agency that provides job action services in the US. [BN] The Plaintiffs are represented by: Ashkan Shakouri, Esq. Sharon W. Lin, Esq. SHAKOURI LAW FIRM 11601 Wilshire Blvd., Fifth Floor Los Angeles, CA 90025 Telephone: (310) 575-1827 Facsimile: (310) 575-1872 E-mail: ash@shakourilawfirm.com sharon@shakourilawfirm.com UBER TECHNOLOGIES: Faces Class Suit Over Sexual Assault ------------------------------------------------------- Consumer Law Group reports that they are investigating a Canada-wide class action lawsuit against Uber on behalf of female passengers who were kidnapped, sexually assaulted, sexually battered, raped, falsely imprisoned, stalked, harassed, or otherwise attacked by Uber drivers with whom they had been paired through the Uber application. The proposed class action is based on allegations that as early as 2014, Uber became aware that Uber drivers were physically and/or sexually assaulting and raping female passengers. Yet, Uber has failed to implement meaningful safety measures that would help to prevent, or at least mitigate, these crimes from occurring, including: -- Using background checks that require applicant drivers to submit their fingerprints and running it against against all available public databases, such as RCMP records. Uber does not invest in continuous monitoring of its drivers and is not immediately alerted when one of its drivers is implicated in criminal acts; -- The decision not to interview drivers or train drivers to ensure Uber's drivers understood their responsibilities and what was appropriate and inappropriate when interacting with passengers; -- Uber's policy that if it learns from an Uber rider that she was sexually assaulted, Uber will not report this sexual assault to law enforcement; -- Uber does not require video monitoring of its drivers that cannot be turned off, nor does it provide emergency notification to law-enforcement authorities when a driver drastically veers off course from the passenger's destination, abruptly cancels the ride, or ends the ride at the intended destination but GPS data indicates the passenger remains in the car for a significant period of time; -- It failed to provide an option in the Uber App that allowed female riders to select to be driven by female drivers; -- It failed to adopt adequate training of its drivers on issues of sexual assault, sexual relations, sexually inappropriate behavior, sensitivity, and customer relations. In its First U.S. Safety Report, Uber received 5,981 reports of sexual assault in 2017 and 2018. Among those, there were 464 reports of rape and 19 deaths caused by physical assault. In its Second U.S. Safety Report, Uber received 3,824 reports of the five most severe categories of sexual assault, which range from "non-consensual kissing of a non-sexual body part" to "non-consensual sexual penetration," or rape in 2019 and 2020. Among those, there were 141 reports of rape and 20 deaths caused by physical assault. Following Uber's first report, the California Public Utilities Commission fined Uber $59 million for failing to turn over additional data on sexual assaults and harassment incidents on its platform. The California regulator later drastically reduced the fine as part of a settlement agreement approved in December 2021, with Uber agreeing to pay $9 million toward safety-related initiatives. In addition, Uber actively markets itself as a safe company that provides safe rides. Both before 2014 and after, Uber actively and aggressively marketed the supposed safety of its transportation services. These efforts continue to this day. Several lawsuits have been instituted in the United States based on these allegations: -- U.S. Complaint (Massachusetts) - January 27, 2023 -- U.S. Complaint (California) - April 5, 2023 -- U.S. Complaint (Georgia) - June 9, 2023 If you or someone you know has been sexually or physically assaulted by an Uber driver and you wish to receive more information on potential compensation or to be kept advised of the status of the Uber Sexual Assault Canadian Class Action litigation or any resulting compensation from this lawsuit in Canada, Ontario, or Quebec, please provide your contact information to our law firm by using the form below. IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure. [GN] UBER TECHNOLOGIES: New Jersey Accident Claims Arbitration Allowed ----------------------------------------------------------------- Insurance Journal reports that a notice in Uber's digital registration process requiring ride-share customers to take any individual claims to arbitration is enforceable, a New Jersey appeals court has ruled in a case involving passengers injured in an auto accident. Three plaintiffs injured in the accident sued Uber, alleging negligence had caused the collision and their injuries and Uber was partly at fault, along with the drivers of the vehicles involved in the collision. Uber moved to compel arbitration of the claims against it based on the terms in its digital agreement. The plaintiffs complained that the "pop-up" window for Uber's terms did not expressly advise them of the arbitration agreement and that they were "not directed to or required to read" the terms of use. They argued that Uber failed to demonstrate that they had agreed to waive their right to a jury trial. The appeals division of the Superior Court of New Jersey sided with Uber and affirmed a lower court in finding that the agreement is an enforceable "clickwrap" agreement, meaning one that requires that a user consent to any terms or conditions by clicking on a dialog box on the screen in order to proceed with the transaction. The court found that each of the three plaintiffs followed the Uber process –checking the box to indicate he or she had reviewed and agreed to the terms of use and clicking “confirm” before the automobile accident. The court said the language Uber uses is "sufficiently clear to place a consumer on notice that he or she is waiving a constitutional or statutory right." [GN] UNICE INC: Filing for Class Cert Bid Extended to Jan. 4, 2024 ------------------------------------------------------------- In the class action lawsuit captioned as ORLANDO JONES, v. UNICE, INC. d/b/a UNICE HAIR, Case No. 1:23-cv-00594-CCE-JEP (M.D.N.C.), the Hon. Judge Joi Elizabeth Peak entered an order the motion for extension is granted in part, and Plaintiff shall be allowed through November 17, 2023, to request leave to Amend the Pleadings and shall be allowed through January 15, 2024, to file the request for Class Certification. It appears to the Court that Plaintiff's motion is brought in good faith and that some extension of the deadlines is necessary and appropriate, in light of the information set out in the Motion. However, the Court will extend the deadlines only to the extent necessary in light of the timeline set out in the motion. A copy of the Court's order dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/401XPPX at no extra charge.[CC] UNION PACIFIC: Faces Class Action Suit Over Chemical Spill ---------------------------------------------------------- Celia Hack of The Wichita Eagle reports that Wichita residents living above a chemical spill from Union Pacific Railroad face property damages and a loss of property value as a result of the company's negligence, according to a federal lawsuit filed this week by law firms across the country. The class-action lawsuit addresses a chemical spill at a Union Pacific rail yard near 29th North and Grove, which many Wichita residents learned about last year. The spill -- which contains trichloroethylene, a carcinogenic degreasing agent -- contaminated the groundwater beneath about 2,800 addresses. The groundwater plume runs about 3 miles, from 29th Street to the north to Murdock to the south, through many historically Black neighborhoods. "We're concerned about the … impact on people's home values," said Chris Nidel, a lawyer with the Maryland-based Nidel & Nace firm, which helped file the lawsuit. "Who wants to buy a house that is on this plume, when you can buy one three blocks away that goes to the same schools and has the same access to community but doesn't live on this plume?" Union Pacific Railroad signed a consent order with the state of Kansas in 2002 to clean up the contamination, but did not admit liability. Officials have estimated that the spill took place in the 1970s or 1980s, but no exact date has been shared. The city of Wichita discovered the contamination in 1994. In 1998, the state of Kansas identified the Union Pacific rail yard as the source of contamination. In a statement, Union Pacific wrote that it has worked closely with the Kansas Department of Health and Environment on the site's cleanup since then. "We have complied with all state and federal regulations and, throughout the process, prioritized the health of the community," the statement read. The suit names two plaintiffs -- Faye Black and Jeannine Tolson -- who live in neighborhoods impacted by the contaminated groundwater plume. But the class-action lawsuit argues it's filed on behalf of everyone who owns residential property within the area impacted by the plume. In a statement through lawyers, Tolson said she joined the lawsuit because she's concerned her home has been undervalued. "The railroad has taken advantage of us as a minority neighborhood and we are getting undermined," Tolson said. "We feel like we have been denied a voice in this and this lawsuit gives us a voice as to what is happening." The lawsuit also alleges that, for decades, Union Pacific "concealed the presence" of contaminants like trichloroethylene and their movement onto neighbors' properties. "The defendant Union Pacific has known that it was a source of contamination for decades and decades," Nidel said. "They've known that their contamination has a potential to cause injury. "No one told the public. I think very little was known by the public until very recently." Residents learned about the contamination last year after the state of Kansas sought public comment on a draft of a clean-up plan for the site. The Kansas Department of Health and Environment created a community relations plan in 2003 to inform residents about the spill, but failed to follow through on several key aspects of it, including notifying certain elected officials. The lawsuit also accuses Union Pacific of: Negligence in preventing groundwater contamination and notifying property owners of the spill Causing a nuisance by contaminating private residential properties Trespassing of the contaminants onto neighboring properties Violating the state's law around discharging of pollutants "Unjustly" enriching themselves by avoiding the costs of "lawful" disposal and remediation of the contamination. Nidel said the suit also hopes to address the cost residents' may spend on modifying the property to avoid vapor intrusions, which is when chemicals in the groundwater vaporize and enter buildings as a gas. Previous indoor air quality tests over the plume took place in 2004, 2009, 2012 and 2013, and the state has said the tests showed TCE vapor didn't exceed regulations. But the air quality standard became more stringent between 2009 and 2012. The suit does not include any claims of health issues caused by the contamination, despite evidence that trichloroethylene can cause negative health effects. It's difficult to file injuries as a class-action lawsuit because each health issue is unique, Nidle said. But he added the law firms are looking at injury cases moving forward. [GN] UNITED STATES: Initial Approval of Class Settlement Sought ---------------------------------------------------------- In the class action lawsuit captioned as Ms. L., et al., v. U.S. Immigration and Customs Enforcement ("ICE"), et al., Case No. 3:18-cv-00428-DMS-AHG (S.D. Cal.), the Parties ask the Court to enter an order granting their joint motion to preliminarily approve the settlement and certifying Ms. L. Settlement Class. After over two years of intensive, arms-length negotiations, the parties have agreed on the substantive terms of the relief that will be provided to Ms. L. Settlement Class members who were separated from their children. In addition, the parties have agreed on extensive procedures and criteria governing separations that will take place after the Effective Date of the Settlement Agreement, as well as processes and information-sharing systems between and among the various agencies involved in family separations. The settlement is limited to injunctive relief and does not include money damages. The parties have also participated in discussions to clarify and modify the scope of the Ms. L. Settlement Class to include additional families and ensure that they are also provided relief. Among other issues, the class definition modifications clarify: -- the scope of exclusions on the basis of timeframe of separation, communicable disease, medical reasons, criminal history, or abuse allegations; and -- the class definition with respect to families where the child was separated and kept in DHS, rather than ORR, custody. U.S. Immigration is responsible for identifying and eliminating border, economic, transportation, and infrastructure security vulnerabilities. A copy of the Parties' motion dated Oct. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3Fr0mcY at no extra charge.[CC] The Plaintiffs are represented by: Lee Gelernt, Esq. Judy Rabinovitz, Esq. Anand Balakrishnan, Esq. Daniel A. Galindo, Esq. Stephen B. Kang, Esq. Spencer E. Amdur, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad St., 18th Floor New York, NY 10004 Telephone: (212) 549-2660 Facsimile: (212) 549-2654 E-mail: lgelernt@aclu.org jrabinovitz@aclu.org abalakrishnan@aclu.org dgalindo@aclu.org skang@aclu.org samdur@aclu.org The Defendants are represented by: Sarah B. Fabian, Esq. Fizza Batool, Esq. U.S. DEPARTMENT OF JUSTICE Ben Franklin Station Washington, DC 20044 Telephone: (202) 616-4824 Facsimile: (202) 305-7000 E-mail: Sarah.B.Fabian@usdoj.gov UNITED TIME: Tarr Files ADA Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against United Time Group, LLC. The case is styled as Ellen Elizabeth Tarr, on behalf of herself and all others similarly situated v. United Time Group, LLC, Case No. 1:23-cv-09051-JLR (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. United Time Group, LLC doing business as Ashford -- https://www.ashford.com/ -- is a leader in the online luxury discount watch industry, offering the finest timepieces from around the world at exceptional prices.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com WAL-MART ASSOCIATES: Rivera Suit Removed to C.D. California ----------------------------------------------------------- The case captioned as Jenell Rivera, individually and on behalf of all others similarly situated v. WAL-MART ASSOCIATES, INC., a Delaware corporation; SAM'S WEST, INC. and Arkansas corporation and DOES 1 through 50, inclusive, Case No. 23STCV21341 was removed from the Superior Court of the State of California for the County of Los Angeles, to the United States District Court for the Central District of California on Oct. 16, 2023, and assigned Case No. 2:23-cv-08723-ODW-MRW. The Plaintiff brings the following causes of action on behalf of herself and the putative class members: failure to provide required meal periods; failure to provide required rest periods; failure to pay overtime wages; failure to pay minimum wages; failure to pay all wages due to discharged and quitting employees; failure to furnish accurate itemized wage statements; failure to maintain required records; failure to indemnify employees for necessary business expenditures incurred in discharge of duties; and unfair and unlawful business practices.[BN] The Defendants are represented by: Paloma P. Peracchio, Esq. Vi N. Applen, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: paloma.peracchio@ogletree.com vi.applen@ogletree.com - and - Mitchell A. Wrosch, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Park Tower, Fifteenth Floor 695 Town Center Drive Costa Mesa, CA 92626 Phone: 714-800-7900 Facsimile: 714-754-1298 Email: mitchell.wrosch@ogletree.com WEST PHARMACEUTICAL: Sloan Seeks to Recover OT Wages Under FLSA --------------------------------------------------------------- ADAM SLOAN, individually and on behalf of all others similarly situated v. WEST PHARMACEUTICAL SERVICES, INC., a Pennsylvania corporation Case caption, Case No. 1:23-cv-01096 (W.D. Mich., Oct. 13, 2023) seeks to recover unpaid overtime compensation, liquidated damages, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act. The Defendant allegedly failed to include shift differentials and/or bonuses into the regular rate of pay for the Plaintiff and all others similarly situated when calculating overtime rates. For example, the Plaintiff's pay stub for the pay period beginning October 24, 2022 through November 6, 2022, shows 84.68 hours of work, a base hourly rate of $33.14, and gross earnings of $4,042.29, inclusive of $908.87 for an attendance bonus. However, his overtime rate ($49.71) does not account for the extra pay that came in the form of the attendance bonus and, therefore, violates the FLSA, the lawsuit says. By failing to include this remuneration in overtime computations, the Defendant has not paid the Plaintiff and Collective Members proper overtime wages, claims the lawsuit. Mr. Sloan is an adult resident of Lakeview, Michigan, and has been employed by the Defendant for over three years. West Pharmaceutical is a manufacturer of packaging components and delivery systems for injectable pharmaceutical drugs and healthcare products.[BN] The Plaintiff is represented by: C. Christopher Newberg, Esq. KUIPER KRAEMER P.C. 180 Monroe Ave NW, Suite 400 Grand Rapids, MI 49503 Telephone: (616) 454-3700 E-mail: newberg@k2legal.com WHITE RIVER: Mercedes Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against White River Hardwoods-Woodworks, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. White River Hardwoods-Woodworks, Inc., Case No. 1:23-cv-09030 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. White River Hardwoods-Woodworks, Inc. -- https://whiteriver.com/ -- provides mouldings products. The Company offers traditional and classical mouldings such as ceiling crowns, beamed ceiling, mantels, library, kitchens and bath cabinetry, wood carvings, decorative wall panels, concrete tiles, and other related products.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com WHITE'S BOOTS: Wahab Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against White's Boots, Inc. The case is styled as Angela Wahab, on behalf of herself and all others similarly situated v. White's Boots, Inc., Case No. 1:23-cv-09018 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. White's Boots -- https://whitesboots.com/ -- is an American shoemaking company based in Spokane, Washington that specializes in making handcrafted leather work boots.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com WIDE WORLD OF GOLF: Wahab Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Wide World of Golf, Inc. The case is styled as Angela Wahab, on behalf of herself and all others similarly situated v. Wide World of Golf, Inc., Case No. 1:23-cv-09016 (S.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Wide World Of Golf -- https://www.wwgolf.com/ -- is a privately owned golf retail company head quartered in Spokane, Washington.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com WORLD TRAVEL: Preston Sues Over Failure to Compensate Overtime -------------------------------------------------------------- Phaedra Preston, individually and on behalf of all other similarly situated v. WORLD TRAVEL HOLDINGS, INCORPORATED, Case No. 1:23-cv-12389 (D. Mass., Oct. 16, 2023), is brought arising from Defendant's willful violations of the Fair Labor Standards Act ("FLSA") as a result of Defendant's willful failure to compensate Plaintiff at a rate not less than 1.5 times the regular rate of pay for work performed in excess of 40 hours in a workweek. The Defendant does not compensate its Agents, like Plaintiff, for all work performed. Instead, Defendant required its Agents to perform compensable work tasks before their scheduled shifts and during their unpaid meal periods, when they are not logged into Defendant's timekeeping system. This corporate policy and practice results in Agents not being paid for all time worked. In particular, Defendant required its Agents to begin work prior to their scheduled shifts and perform a number of off-the-clock tasks that were integral and indispensable to their jobs, including booting up computers, logging into numerous software programs, and logging into phones. The Agents only clocked in and received compensation after this preliminary work was completed, though they were required to perform this work in order to be "available" when their scheduled shifts began. In addition to this pre-shift work, Defendant also required its Agents to perform unpaid mid-shift work during their unpaid meal periods. The Agents' duties performed during their unpaid meal periods included similar login procedures. The Defendant, through its managers, had actual and constructive knowledge that its Agents were completing this off-the-clock work without compensation. Nevertheless, Defendant suffered or permitted, and in fact, trained and required, its Agents to complete this unpaid work. The Defendant's practice of failing to compensate its Agents for all hours worked violated the Agents' rights under the FLSA, says the complaint. The Plaintiff worked for the Defendant as an hourly remote Agent from September 2022 until July 2023. The Defendant provides vacation sales and reservation support to its customers throughout the United States.[BN] The Plaintiff is represented by: Benjamin Knox Steffans, Esq. STEFFANS LEGAL, PLC 10 Wendell Ave. Ext. Suite 208 Pittsfield, MS, 01201 Phone: 413-418-4176 Email: bsteffans@steffanslegal.com - and - Kevin Stoops, Esq. Kathryn E. Milz, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, 17th Floor Southfield, MI 48076 Phone: 248-355-0300 Email: kstoops@sommerspc.com kmilz@sommerspc.com YO FRESH INC: Erkan Files ADA Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against Yo Fresh, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Yo Fresh, Inc., Case No. 1:23-cv-07652 (E.D.N.Y., Oct. 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. YoFresh -- https://yofreshfood.com/ -- provides healthy prepared meals delivered right to your doorstep.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com YOUR FAMILY: Fails to Pay OT Wages, Kane Suit Claims ---------------------------------------------------- SONJA MICHELLE KANE, on behalf of herself and others similarly situated v. YOUR FAMILY WALK-IN CLINIC LLC, LISA BRUNTON COOLEY, and DANIEL COOLEY, Individually, Defendants, Case No. 8:23-cv-02327 (M.D. Fla., Oct. 12, 2023) arises out of the Defendants' violations of the overtime provisions of the Fair Labor Standards Act. The Plaintiff was employed with Defendants, from May 2023 until September 24, 2023, as a full-time Medical Assistant. Throughout her employment, Plaintiff was required to work and did work a substantial number of hours in excess of 40 hours per work week. However, the Defendants failed to compensate Plaintiff at the rate of time and one-half their regular rate of pay for the hours worked over 40 in a work week, says the Plaintiff. Located in Lutz, FL, Your Family Walk-in Clinic LLC provides healthcare services including preventive healthcare and sick visits. [BN] The Plaintiff is represented by: Miguel Bouzas, Esq. FLORIN|GRAY Wolfgang M. Florin, Esq. 16524 Pointe Village Drive, Suite 100 Lutz, FL 33558 Telephone (727) 254-5255 Facsimile (727) 483-7942 E-mail: MBouzas@floringray.com angela@floringray.com WFlorin@floringray.com [*] Consumer Law Set to Transform Litigation Landscape in Ireland ----------------------------------------------------------------- Ita Gibney of Irish Independent reports that Consumer class-action legislation giving effect to an EU directive has just recently (and quietly) passed into Irish law having been signed by the President Michael D Higgins. The Representative Actions for the Protection of the Collective Interest of Consumers Bill 2023 means that consumers, in Ireland or any EU country, can join together to file collective actions against companies, on a national and European stage for infringements of their rights under consumer legislation. It is landmark legislation that has the potential to significantly transform the litigation landscape in Ireland, throwing corporate reputations into the full glare of publicity. The intent is to provide more effective remedies to consumers for mass breaches of consumer law. Qualified entities will represent the shared interests of consumers who have experienced similar infringements by traders to their rights as consumers in areas such as data protection, product liability, financial services, tourism, travel, energy, telecommunications and the environment. In accordance with the bill and at a potentially high cost, businesses will be required to inform the group of consumers represented in the action of any settlements or decisions that have been made, within a strict time frame. Irish companies with a consumer base spreading across the EU must also be wary of becoming a target of any class-action lawsuit which originates in another Member State. Whether it be provoked by faulty products or privacy concerns, companies and their communications departments must protect against a reputation-destroying lawsuit and have, not just legal readiness but also robust communications systems in place to deal with publicity-generating class action suits. Class actions tend to be high up on the news agenda, more so than individual cases, as the stakes are usually higher. National and international media coverage will no doubt disrupt a company's operations and impact its reputation, irrespective of a court verdict. It is essential, therefore, that firms prepare for the new legal landscape with robust and tested crisis management and reputation strategies in place and strong public relations support. How companies comport themselves in public will be as important as the case hearing and outcome. A class-action lawsuit may be more attractive to a consumer who is reluctant to bear arduous judicial proceedings alone. Damages from a class-action settlement won't necessarily be spread evenly, with a plaintiff's payout depending on a variety of factors such as number of claimants involved, severity of injury and cost of litigation. So, will class actions grow in Europe? It is certain that legal departments will be working hand in glove with communications departments to ensure preparedness and manage legal and reputation risks. Irish businesses with a consumer base across the EU will have to be ready for any consumer representative action commenced in another member state as well as for EU-wide publicity it could generate. When the downfall of a firm's reputation is caused by anti-consumer or illegal behaviour, or even allegations of such, crisis management plans get to be tested in real time – in the court of public opinion especially. Preparation is key. By prioritising reputation management, developing a robust crisis strategy and having in place strong PR litigation supports, firms will be better equipped to navigate an evolving world where information and legal protection flows freely across EU borders and the power of consumer collective action is amplified and protected in law. [GN] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***